Agenda packet — Palm Springs City Council, May 12, 2026 (part 3 of 7)

(Revised 09 13 18)

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome.

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

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(Revised 09 13 18)
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
OFRS, Inc.
1875 Freeman Ave, Signal Hill, CA 90755
California
Charles Anzalone
Randy Balik
Taylor Marshall

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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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(Revised 09 13 18)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Charles Anzalone 53.5%, OFRS, Inc.

Randy Balik 20%, OFRS, Inc.

Taylor Marshall 18.4%, OFRS, Inc.

Brad Newton 8.1%, OFRS, Inc.

Brad Newton, Vice President of Operations
02/25/26

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ATTACHMENT “C”
Agreement 23P056

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ATTACHMENT “D”
Amendments No. 1-2 Agreement 23P056

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CITY COUNCIL STAFF REPORT
DATE: MAY 12, 2026 CONSENT CALENDAR
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO GLOBAL BUILDERS, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $495,976

FOR THE VICTORIA PARK RESTROOM REPLACEMENT, CITY
PROJECT 18-06 (MEASURE J FUNDS)
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Upon awarding this contract, the City will be authorized to proceed with the construction of the Victoria Park Restroom Replacement, City Project No. 18-06. This Project is funded through the use of Measure J funds.

RECOMMENDATION:

1. Award a construction contract to Global Builders, Inc., in the amount of $495,976 for the Victoria Park Restroom Replacement, City Project No. 18-06 (“the Project”);

2. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure form for Global Builders, Inc., (Global) is included as Attachment A.

BACKGROUND:

Replacement of the existing restroom facility at Victoria Park is necessary due to the deteriorated condition and outdated design of the current structure, which no longer meets modern building codes or accessibility requirements. The new facility will enhance user experience, provide improved accessibility, and reduce long-term maintenance needs.

The design for the new restroom is based on the standardized facility previously constructed at Demuth Park, which has proven to be both functional and efficient in terms of operation and maintenance. The Victoria Park version incorporates updates to comply

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City Council Staff Report
May 12, 2026 -- Page 2
Award Victoria Park Restroom Replacement, CP 18-06
with current building codes and accessibility standards while maintaining design consistency with the Demuth model.

As part of the planning and design process, staff have chosen to relocate the new restroom within the park to improve visibility of its entrances from the playground and other frequently used areas. This strategic adjustment aims to enhance public safety, support passive supervision, and increase user comfort by keeping the facility in clear view of key activity zones.

On December 10, 2026, City Council approved the plans, specifications, and estimates for the proposed Project. This Project was advertised for bidding in The Desert Sun, industry plan rooms and the PlanetBids electronic bid system on March 2, 2026.

STAFF ANALYSIS:

On April 9, 2026, the City received five bids from the following contractors:

Company Location Bid Amount
Global Builders, Inc. Laguna Hills, CA $495,976.00
Reed Family Enterprise, Inc. Temecula, CA $648,027.00
L M Rasmussen Construction Alpine, CA $836,000.00
Dalke & Sons Construction, Inc. Riverside, CA $1,425,058.80 Bid Analysis
The submitted bid documents were reviewed, and it was determined that Global complied with the instructions to bidders and submitted the lowest responsive and responsible bid at $495,976. For reference, the Project construction estimate was $556,449.59. Staff recommends that the City Council award a construction contract to Global. The proposed agreement is included as Attachment B. The bidding documents received from Global are included as Attachment C.

Scope of work
The project includes construction work involving mechanical, electrical, plumbing, and general trades, as well as utility connections, landscaping, hardscaping, demolition of the old restroom, commissioning, and maintenance period. An elevation view and site vicinity map are included as Figure 1 and Figure 2 on the follow page.

Time of Completion
The work shall be diligently prosecuted to completion before the expiration of 130 working days from the issuance of a notice to proceed. Working days are defined as Monday through Friday, excluding weekends and City recognized holidays.

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City Council Staff Report
May 12, 2026 -- Page 3
Award Victoria Park Restroom Replacement, CP 18-06
Figure 1 – Elevation Views
Figure 2 – Site Vicinity Map

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City Council Staff Report
May 12, 2026 -- Page 4
Award Victoria Park Restroom Replacement, CP 18-06
Local Business Preference Compliance
Section 7.03.08 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose workforce resides within the Coachella Valley. Global is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

ENVIRONMENTAL ASSESSMENT:

In accordance with Section 15302, “Replacement or Reconstruction,” Class 2 projects consist of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity. Therefore, the Victoria Park Restroom Replacement Project is considered categorically exempt from CEQA, and a Notice of Exemption will be filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.

FISCAL IMPACT:

The estimated construction and administrative costs to complete the project are shown in Table 1 below.

Table 1
Project Costs Amount
Measure J Funds – Total for both Victoria and Ruth Hardy Restroom Projects. $1,585,133 Project Design ($75,000)
Construction Administration & Inspection - Estimate ($35,000) Construction Contract ($495,976)
20% Contingency ($100,000)
Remaining budget for Second Restroom Project $879,157
REVIEWED BY:

Acting City Engineer: Francisco Jaime, P.E.

Director of Public Works: David McAbee
Procurement & Contracting Manager: Tabitha Richards
Director of Finance & Treasurer: Kristopher J. Mooney
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Construction Agreement
C. Bidding Documents from Global Builders, Inc.

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Attachment A
Public Integrity Disclosure Form

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PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Global Builders, Inc.

2. Address of Entity (Principal Place of Business)
23276 S Pointe drive Suite# 206 / Laguna Hills, California 92653

3. Local or California Address (if different than #2)
N/A

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
__ Walid A Timory / CEO_______  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________N/A_____  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
_______________________N/A_________  Officer  Director  Member  Manager

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[name]  General Partner  Limited Partner
 Other __________________________

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
Walid A Timory
[name of owner/investor]
100 % owner Global Builders , Inc.
[percentage of beneficial interest in entity
and name of entity]
A.

N/A
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

N/A
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.

N/A
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.

N/A
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.

N/A
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title
Walid A Timory
CEO
Date
2 / April / 2026

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Attachment B
Construction Agreement

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VICTORIA PARK RESTROOM REPLACEMENT -1- 00 52 13 – CONTRACT FOR CONSTRUCTION 00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. ________ is made and entered into this 18th day of May 2026, by and between the City of Palm Springs, with its principal place of business at 3200 E. Tahquitz Canyon Way Palm Springs, California 92262, sometimes hereinafter called the “City” and Global Builders, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Victoria Park Restroom Replacement, City Project 18-06
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 130 Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Hundred Ninety-Five Thousand Nine Hundred Seventy-Six Dollars and Zero Cents ($495,976.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as liquidated damages and not as a penalty or forfeiture. This Article does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

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VICTORIA PARK RESTROOM REPLACEMENT -2- 00 52 13 – CONTRACT FOR CONSTRUCTION • Notice Inviting Bids
• Instructions to Bidders
• Bid Forms
• Bid
• Bid Schedule
• Bid Security
• Designation of Subcontractors
• Information Required of Bidders
• Non-Collusion Declaration Form
• Iran Contracting Act Certification
• Public Works Contractor DIR Registration Certification • Executive Order N-22 Certification
• Fleet Compliance Certification
• Performance Bond
• Payment (Labor and Materials) Bond
• Community Workforce Agreement
• Contract for Construction
• General Conditions
• Special Conditions
• Specifications
• Addenda
• Construction Plans and Drawings
• Standard Specifications for PW Construction “Greenbook”, latest edition, Except Sections 1-9 • Applicable Local Agency Standards and Specifications, as last revised • Reference Specifications
• Approved and fully executed Change Orders
• Permits
• Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

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VICTORIA PARK RESTROOM REPLACEMENT -3- 00 52 13 – CONTRACT FOR CONSTRUCTION ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information.

In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

ARTICLE 10. CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Contract.

ARTICLE 11. COVENANT AGAINST DISCRIMINATION.

Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”).

Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Contract, and in executing this Contract, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

ARTICLE 12. COMMUNITY WORKFORCE AGREEMENT: INTENTIONALLY OMITTED [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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VICTORIA PARK RESTROOM REPLACEMENT -4- 00 52 13 – CONTRACT FOR CONSTRUCTION

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND GLOBAL BUILDERS, INC.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CONTRACTOR:

By Date
Signature
By Date
Signature
CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL: Date: Item No.

APPROVED AS TO FORM: ATTEST:

By By
City Attorney City Clerk
APPROVED:

By Date
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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VICTORIA PARK RESTROOM REPLACEMENT -5- 00 52 13 – CONTRACT FOR CONSTRUCTION EXHIBIT “A”

COMMUNITY WORKFORCE AGREEMENT

INTENTIONALLY OMITTED

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VICTORIA PARK RESTROOM REPLACEMENT -6- 00 52 13 – CONTRACT FOR CONSTRUCTION EXHIBIT “B”

LETTER OF ASSENT

INTENTIONALLY OMITTED

END OF CONTRACT FOR CONSTRUCTION

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VICTORIA PARK RESTROOM REPLACEMENT -7- 00 61 13 – BOND FORMS 00 61 13 – BOND FORMS

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Springs, with its principal place of business at 3200 E. Tahquitz Canyon Way Palm Springs, California 92262, (hereinafter referred to as the “City”) has awarded to Global Builders, Inc., (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”);
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated May 18, 2026, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, the undersigned Contractor and
________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Four Hundred Ninety-Five Thousand Nine Hundred Seventy-Six Dollars and Zero Cents, ($495,976.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or

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VICTORIA PARK RESTROOM REPLACEMENT -8- 00 61 13 – BOND FORMS ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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VICTORIA PARK RESTROOM REPLACEMENT -9- 00 61 13 – BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

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VICTORIA PARK RESTROOM REPLACEMENT -10- 00 61 13 – BOND FORMS Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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VICTORIA PARK RESTROOM REPLACEMENT -11- 00 61 13 – BOND FORMS Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND

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VICTORIA PARK RESTROOM REPLACEMENT 12 PLANS AND DRAWINGS 55575.18165\44345389.2
PAYMENT BOND (LABOR AND MATERIALS).

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Springs, with its principal place of business at 3200 E.

Tahquitz Canyon Way Palm Springs, California 92262, (hereinafter designated as the “City”), has awarded to Global Builders, Inc., (hereinafter designated as the “Principal”) an agreement for Contract No._________, (hereinafter referred to as the “Project”); WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated May 18, 2026, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________, as Surety, are held and firmly bound unto the City in the penal sum of Found Hundred Ninety-Five Thousand Nine Hundred Seventy-Six Dollars and Zero Cents ($495,976.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted

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VICTORIA PARK RESTROOM REPLACEMENT 13 PLANS AND DRAWINGS 55575.18165\44345389.2
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

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VICTORIA PARK RESTROOM REPLACEMENT 14 PLANS AND DRAWINGS 55575.18165\44345389.2
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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VICTORIA PARK RESTROOM REPLACEMENT 15 PLANS AND DRAWINGS 55575.18165\44345389.2
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BON

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Attachment C
Bidding Documents from Global Builders, Inc.
https://publicportal.palmspringsca.gov/WebLink/DocView.aspx? id=1456049&dbid=0&repo=CityHall-Primary

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CITY COUNCIL STAFF REPORT
DATE: MAY 12, 2026 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF ONE (1) GAPVAX JET/VAC TRUCK AND (1) TRAFFIC CONTROL TRUCK
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will authorize issuance of a purchase order for the purchase of one (1) 2026 GapVax combination Jet/Vac truck and one (1) 2026 Ford F-350 traffic control truck in an amount not to exceed $1,066,702.48, inclusive of a 10% contingency. These specialized units are essential for maintaining municipal sewer infrastructure and supporting ongoing operations and preventative maintenance activities.

RECOMMENDATION:

1. Approve the issuance of a purchase order to Plumbers Depot, Inc., for the purchase of one (1) new 2026 GapVax combination jet/vac truck, in an amount not to exceed $976,210.73, inclusive of a 10% contingency.

2. After delivery of the new vehicle, declare the existing vehicle (Unit 4130E) being replaced as surplus, and authorize its reassignment to the Public Works Department for operational use until such a time that the repairs exceed the value of the vehicle, after which the Department of Public Works shall surplus the equipment directly to auction as authorized by the City Manager or designee.

3. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of (1) new 2026 Ford F-350 traffic control truck, in the amount of $90,491.75, inclusive of a 10% contingency.

4. After delivery of the new vehicle, declare the existing vehicle (Unit 431) being replaced as surplus, waive the equipment requirements of 7.07.020 (5) of the Palm Springs Municipal Code and approve the surplus equipment to directly to auction as authorized by the City Manager or designee.

5. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment A), Plumbers Depot, Inc.,

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City Council Staff Report
May 12,2026 -- Page 2
Authorize the purchase of one (1) GapVax Jet/Vac truck & (1) Traffic Control Truck and Fiesta Ford, Inc., are registered in the state of California.

BACKGROUND:

On June 5, 1996, the City Council adopted Resolution No. 18834 (Attachment B), establishing a new Equipment Replacement Policy. This policy outlined the requirements to replace vehicles depending on the type of vehicle, age, and mileage. A copy of the resolution is included in the attachments to this report. However, in the past economic recession the City Council suspended regular vehicle replacements, allowing replacements only on an emergency basis. This created a backlog of vehicles that have higher mileage and worn conditions requiring replacement. In recent years the City Council has authorized the purchase of new vehicles to replace existing vehicles, and to add vehicles for new positions that require a vehicle, helping to reduce the backlog of replacements/purchases.

The City owns the Palm Springs Wastewater Treatment Plant (WWTP) located at 4375 East Mesquite Avenue. The facility is operated and maintained by Veolia Water West Operating Services, Inc. (Veolia) pursuant to a Contract Agreement A6804 (Attachment C) dated November 4, 2015. Veolia’s operations also include operating and maintaining the City’s wastewater collection system and maintaining the City’s storm water infrastructure.

The GapVax combination Jet/Vac (4130E) is used to service and clean the sanitary sewer system and storm drain infrastructure, ensuring lines are unobstructed and free flowing.

This truck will also be utilized for emergency response situations including sewer backups, line breaks, and obstruction removal.

The existing traffic control truck (431) is used alongside the GapVax and other sewer line inspection equipment to provide advance warning and enhance safety for both residents and field personnel.

STAFF ANALYSIS:

As the age of the City’s existing fleet of vehicles increases, the annual cost to maintain these vehicles also increases. Staff monitor the ongoing operational and maintenance cost of its older vehicles and have identified an inventory of vehicles that should be replaced with new vehicles given the accumulated cost of repairs in comparison to the current value of the vehicle.

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City Council Staff Report
May 12,2026 -- Page 3
Authorize the purchase of one (1) GapVax Jet/Vac truck & (1) Traffic Control Truck in Title 7 or adequate to protect the public interest, and that due to economies of scale, the nature of the product, or market conditions, the price of the supplies or services is likely to be less through the cooperative purchase than through the City’s independent purchasing pursuant to Title 7.

Sourcewell is a public agency that conducts competitive solicitations and awards contracts to qualified vendors, allowing participating agencies to benefit from volume pricing and streamlined procurement processes. This cooperative purchasing arrangement provides competitive pricing and efficient procurement to support the operational needs of the Public Works Department through Sourcewell Cooperative Contract #101221-GPV, with authorized dealer Plumbers Depot, Inc., for the purchase of one (1) new 2026 GapVax combination jet/vac truck.

Wastewater:

Wastewater has 2 existing vehicles that are 11 years old and require replacement.

Existing Unit
#
Year Make/Model Mileage
4130E 2015 Mack GapVax 64,626
431 2015 Ford F-350 (traffic control truck) 52,497
The GapVax vehicle is being replaced with the vehicle shown below:

Replacement Make/Model Cost
One (1) 2026 Western Star GapVax Truck $887,464.30
Contingency 10% $88,746.43
Total Estimated Cost $976,210.73
*Vehicle Year, Make and Model may change due to availability.

The Public Works Department solicited quotes for the purchase of a traffic control truck and received the following quotes:

Vendor F-350 Traffic Control Truck
Fiesta Ford $82,265.23
Ken Grody Ford $85,096.00
National Auto Fleet Group $133,199.12

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City Council Staff Report
May 12,2026 -- Page 4
Authorize the purchase of one (1) GapVax Jet/Vac truck & (1) Traffic Control Truck The traffic control vehicle is being replaced with the vehicle shown below:

Replacement Make/Model Cost
One (1) 2026 Ford F-350 $82,265.23
Contingency 10% $8,226.52
Total Estimated Cost $90,491.75
*Vehicle Year, Make and Model may change due to availability.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.

FISCAL IMPACT:

Sufficient funds for these purchases are available in the Wastewater fund, Account 4207500-60020.

REVIEWED BY:

Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
City Engineer: Joel Montalvo
Procurement and Contracting Manager: Tabitha Richards
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosure
B. Resolution No. 18834
C. Veolia Contract

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ATTACHMENT “B”
Resolution No. 18834

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ATTACHMENT “C”
Contract Agreement Veolia
https://publicportal.palmspringsca.gov/WebLink/DocView.aspx?id=1457252 &dbid=0&repo=CityHall-Primary

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CITY COUNCIL STAFF REPORT
DATE: MAY 12, 2026 CONSENT CALENDAR
SUBJECT: APPROVE CONSTRUCTION CONTRACT NO. 26C057 WITH OTIS

ELEVATOR COMPANY FOR ELEVATOR MAINTINACE AND REPAIR
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will approve Agreement No. 26C057 with Otis Elevator Company for the maintenance and repair of five (5) City-owned and operated elevators, and the refurbishment of three (3) elevators located at the Indian Canyon Parking Structure and Belardo Parking Structure in an amount not to exceed $350,000, for a five-year term.

RECOMMENDATION:

1. Approve Contract Service Agreement No. 26C057 with Otis Elevator Company for elevator maintenance, repair, and refurbishment services for the five (5) Cityowned and operated elevators for an amount not to exceed $350,000 for a fiveyear term.

2. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) Otis Elevator Company, is a publicly traded company registered in the state of New Jersey.

BACKGROUND:

Historically, staff have entered into annual service agreements to provide comprehensive management of elevator maintenance, preventive maintenance and repair services for City owned and operated elevators. These agreements ensure the elevators remain safe, operational, and comply with applicable regulatory standards.

The City’s current inventory consists of five (5) elevators located at the following facilities:

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City Council Staff Report
May 12, 2026 -- Page 2
Approve Construction Contract with Otis Elevator Company Building Name Address Unit Count
Palm Springs Police
Department
200 S Civic Dr 1
Belardo Parking
Structure
101 N Belardo Rd 1
Indian Canyon Parking
Structure
275 Indian Canyon Dr 3
These services include routine inspections, scheduled preventive maintenance, on-call repair services, and overall system management to minimize downtime and extend the useful life of the equipment.

STAFF ANALYSIS:

In accordance with City of Palm Springs Municipal Code Section 7.03.09, “Special Procurement Methods,” Section 5, “Cooperative Purchasing Programs”, the City Council may authorize the acquisition of supplies or services through a joint powers or other cooperative purchasing program with a public entity or association of public agencies or officials, provided that the vendor selected has been selected through a competitive process and the department finds that the competitive process is similar to that contained in Title 7 or adequate to protect the public interest, and that due to economies of scale, the nature of the product, or market conditions, the price of the supplies or services is likely to be less through the cooperative purchase than through the City’s independent purchasing pursuant to Title 7.

Omnia is a public agency that conducts competitive solicitations and awards contracts to qualified vendors, allowing participating agencies to benefit from volume pricing and streamlined procurement processes. This cooperative purchasing arrangement provides competitive pricing and efficient procurement to support the operational needs of the Public Works Department through Omnia Contract No. 2019001563.

The proposed agreement will provide comprehensive elevator management, preventive maintenance, and repair services for five (5) City-owned and operated elevators.

Otis Elevator Company has the specialized expertise, equipment, and manufacturer support necessary to maintain and service the City’s elevator systems, ensuring reliability, safety, and compliance with all applicable codes and regulations.

Approval of this agreement will allow the City to continue providing consistent and timely maintenance services, minimize equipment downtime, and extend the operational life of the elevators while reducing the risk of unexpected failures and costly emergency repairs.

Therefore, the Public Works Department recommends approval of Construction Agreement No. 26C057 with Otis Elevator Company for a five (5) year term, in an amount not to exceed $350,000.

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City Council Staff Report
May 12, 2026 -- Page 3
Approve Construction Contract with Otis Elevator Company ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.

FISCAL IMPACT:

Funds for these services are budgeted and available in the current Fiscal Year budget and will be budgeted in subsequent fiscal years:

Public Works: 5206570-40105, 50119
Measure J: 2603080-8000
Measure J Deferred Maintenance: 2603205-50119
REVIEWED BY:

Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Procurement and Contracting Manager: Tabitha Richards
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Construction Contract No. 26C057
B. Public Integrity Disclosure

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ATTACHMENT “A”
Construction Contract 26C057

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55575.18100\42920836.2
1 SHORT FORM CONSTRUCTION CONTRACT
SHORT FORM CONSTRUCTION CONTRACT 26C057

ELEVATOR EQUIPMENT MAINTENANCE AND REPAIR SERVICES

1. PARTIES AND DATE.

This Contract is made and entered into this 1st day of June 2026 (“Effective Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Otis Elevator Company, a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 Cooperative Agreement. This Contract is made and entered into in reference to the competitively solicited OMNIA Partners Contract No. 2019001563 with Contractor (“Cooperative Agreement”)

2.2 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.3 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Elevator Equipment Maintenance and Repair Services related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class C11 – Elevator Installation

2.4 Project. City desires to engage Contractor to render such services for the Five (5) elevators , 1 elevator located at Belardo Parking Structure at 101 N Belardo Rd, 3 elevators at Indian Canyon Parking Structure at 275 N Indian Canyon, and 1 elevator for Police Department at 200 S Civic Drive.- (“Project”) as set forth in this Contract.

2.5 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, applicable performance bond, payment bond, insurance documents and other certifications as required by the Contract.

3. TERMS

3.1 Compensation and Payment.

3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor a not-to-exceed the Total Contract Price of Three Hundred Fifty Thousand Dollars ($350,000.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon

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completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined

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in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.2 Period of Performance and Liquidated Damages.

3.2.1 Contractor shall perform and complete all Work under this Contract within Five years beginning on the Effective Date and ending on May 31, 2031 (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

Pursuant to Government Code Section 53069.85, Contractor’s acceptance of liquidated damages in the amount of $250 per day, total damages not to exceed $5,000, and to start on the Effective Date, is predicated on Contractor being allowed an appropriate extension of time, determined in the City’s sole and reasonable discretion, for each delay beyond our control and that our acceptance is specifically conditioned on the timely furnishing to Contractor of completed and code compliant hoistways (wellways) and machine rooms, necessary approvals and power of proper characteristics, all for our uninterrupted use.

3.2.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

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3.2.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.3 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Executive Order N-6-22 Certification (Exhibit “G”)
• Fleet Compliance Certification (Exhibit “H”)
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.4 Contractor’s Basic Obligation; Scope of Work.

3.4.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.4.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order

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due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.4.3 Change Orders. Changes to the Contract Time (as defined in Section

3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, markups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.

3.4.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.4.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.5 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials,

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processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests.

Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations

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respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.9 Labor.

3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at

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all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.

3.10 Performance of Work; Jobsite Obligations.

3.10.1 Water Quality Management and Compliance.

3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm

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water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.10.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1.

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Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a

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detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.10.8 Air Quality. Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the air pollution control district or air quality management district with jurisdiction (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.

The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.

Contractors and Subcontractors are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Contractors must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein in “Exhibit H” may render the Bid non-responsive.

Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all

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Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the District. Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.12 Claims; Government Code Claim Compliance.

3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or

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damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.12.4.2 List of documents relating to claim:

A. Specifications
B. Drawings
C. Clarifications (Requests for Information)
D. Schedules
E. Other

3.12.4.3 Chronology of events and correspondence

3.12.4.4 Analysis of claim merit

3.12.4.5 Analysis of claim cost, including calculations and supporting documents

3.12.4.6 Time impact analysis in CPM format

3.12.4.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.12.4.8 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide

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a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.

3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or

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by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.

The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.12.10 Government Code Claim Procedures.

3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

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3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.

3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.

3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.14 Indemnification.

3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

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3.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.15 Insurance.

3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and

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each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.

Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees,

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agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.

3.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.

3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall

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name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.16 Bond Requirements.

3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified

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in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.18 Employee/Labor Certifications.

3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by

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Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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3.20 City Officers and Employees: Non-Discrimination.

3.20.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.

3.20.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Contract.

3.20.3 Covenant Against Discrimination. In connection with its performance under this Contract, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Contract, and in executing this Contract, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

3.21 General Provisions.

3.21.1 City’s Representative. The City hereby designates Alejandro Gonzalez, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.21.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may

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be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.21.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.21.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.21.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Otis Elevator Company
Attention: Ryan Carpenter
Title: Business Development Specialist
PO Box 104567
Pasadena, CA 91189
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.21.6 Time of Essence. Time is of the essence in the performance of this Contract.

3.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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3.21.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.

3.21.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

3.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.21.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.21.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.21.14 Certification of License.

3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.21.16 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

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3.21.17 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.21.18 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

3.22 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “G” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [Signatures on Next Page]

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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

AND OTIS ELEVATOR COMPANY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By Date
Signature
By Date
Signature
CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL: Date: Item No.

APPROVED AS TO FORM: ATTEST:

By By
City Attorney City Clerk
APPROVED:

By Date
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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EXHIBIT “A”

SERVICES / SCHEDULE

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Signature
ACCOUNT NAME & CIty of Palm Springs
ADDRESS 3200 E Tahquitz Canyon Way
Palm Springs, CA 92262

CUSTOMER NAME &

CONTACT INFO
Michele Alley
(760) 323-8167
[email protected]

CONTRACT SUMMARY
MAINTENANCE Overview of your preventative maintenance plan and which parts are included

RELIABILITY &

RESPONSIVENESS
Details concerning the level of coverage you have along with Otis’ method for ensuring timely dispatching and parts availability to meet your needs COMMUNICATION Summary of the many ways for you to communicate with us and receive information from us

SCHEDULE &

CLARIFICATIONS

PAYMENT &

ACCEPTANCE
Terms and conditions about our regular working hours, insurance coverage and legal requirements
Price and term of agreement followed by the signatory area and billing information
Otis Elevator Company 4949 VIEWRIDGE AVENUE
M: SAN DIEGO, CA 92123
otis.com
For emergencies:

OTISLINE® Customer Care 800.233.6847
Confidential
Contract
SAFETY & Safety is our number one priority- this section includes an outline of safety ENVIRONMENT features and activities pertaining to your equipment

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Page | 2
Otis Maintenance
1/29/2026

CUSTOMER NAME
CIty of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262

OTIS ELEVATOR COMPANY
4949 VIEWRIDGE AVENUE
SAN DIEGO, CA 92123

PROJECT LOCATION
Indian Canyon Parking Structure
275 N INDIAN CANYON DR
PALM SPRINGS, CA 92262-6424
Belardo Parking lot
111 N PALM CANYON DR
PALM SPRINGS, CA 92262-5566
Palm Springs Police Dept.
200 S Civic Dr
Palm Springs, CA 92262

PROPOSAL NUMBER
QTE-002352854
Otis Elevator Company or ”we” agree to furnish Otis Maintenance to Customer or “you” on the equipment (“Units”) described below as set forth in this Contract.

EQUIPMENT DESCRIPTION
No Of Units Type Of Units Manufacturer Customer Designation Machine Number 4 Hydraulic OTIS,
Independent
ELV 2, 320-1747, ELV 1,
320-1746, Only Elv, ELV 3,
320-1798
467018, 467897, UNIT001265982, 467898
1 Gearless
Belted MRL
OTIS ELV 1*OAD*,0043 638359

CONTRACT PRICE
The contract gross price is one thousand six hundred thirty-two dollars and eighty cents ($1,632.80) per month.

OTIS MAINTENANCE

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TERM & RENEWAL
The Commencement Date will be 6/1/2026. The initial term of this Contract will be for five (5) year(s) beginning on the Commencement Date.

PAYMENT
Payments will be processed in accordance with Article 3.1 of the Contract.

INVOICE DELIVERY
The standard method of invoice delivery is via email. Please provide your email address(es) in the bill to section of this document. You agree to immediately update us with any changes to the invoice delivery email address(es). If you wish to receive your invoices via Mail, an additional fee of $5.00 per month will be added to your monthly contract price.

Alternate Invoice
Delivery Method
Additional
Cost
Initial to
Accept
Mail $5.00

AUTOPAY
Visit https://otis.payinvoicedirect.com to register for autopay to automatically debit your bank account for your invoice payments.

PRICE ADJUSTMENT
The Contract Price will be adjusted on the Commencement Date anniversary or as of the effective date of any labor rate increase by the percentage increase in the straight time hourly labor cost under the International Union of Elevator Constructors. The term “straight time hourly labor cost” means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is maintained. In addition, you agree that the Contract Price is subject to increase caused by any reason beyond Otis' reasonable control including but not limited to increases to commodity, fuel, tariff, shipping or transportation, waste disposal, environmental requirements, cost of other materials, changes to government regulations or other administrative costs. If the price adjustment date and billing frequency do not align, the price adjustment date will be changed to ensure continued alignment with the billing frequency. The annual percentage increase of the Contract will not exceed 5.0%.

OTIS MAINTENANCE MANAGEMENT SYSTEMTM (OMMSTM)

OTIS MAINTENANCE

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We will use the Otis Maintenance Management System (OMMSTM) preventative maintenance program to deliver service tailored to your specific building needs. Equipment type, component life, equipment usage, and building environment will be taken into account by the OMMSTM scheduling system, which will be used to plan maintenance activities in advance.

MAINTENANCE
Otis will maintain the Units using trained personnel directly employed and supervised by us, or through the use of remote monitoring or other technology in Otis’ sole discretion. Without affecting our obligation to provide service under this Contract, you agree to permit us to train our personnel on the Units. The maintenance will include inspection, lubrication, and adjustment of the following parts:
• Controller parts, selectors and dispatching equipment, relays, solid-state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating equipment. • Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, car safety mechanisms, platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting. • Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices. • Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts, linings, and component parts.
• Motors, brushes, brush holders, and bearings.
• Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or secondary sheaves, car and counterweight buffers, car and counterweight guide rails, car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave assemblies.
• Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above ground plungers and cylinders, and hydraulic fluid tanks. • Escalator handrails, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step treads, step wheels, step chains, step axle bushings, comb plates, floor plates, tracks, external gearing, and drive chains.
• Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and lower newel bearings, demarcation lights, and comb lights.

Replacing wire rope and coated steel belts, equalizing the tension on hoisting ropes, resocketing ropes for drum machines, or repairing or replacing conductor cables and hoistway and machine-room elevator wiring is excluded. No service other than that specifically stated as covered is included or intended.

PARTS COVERAGE
Unless excluded elsewhere in the Contract if necessary, due to normal usage and wear, Otis will repair or replace the parts specified above at its sole discretion. Any parts under this Contract requiring replacement will be replaced with parts selected by Otis.

PARTS INVENTORY
Otis will, during the term of this Contract, use commercially reasonable efforts to maintain a supply of frequently used replacement parts and lubricants selected by Otis to meet the specific routine requirements of the Units. Any such parts or items shall remain our property until installed in the Units.

QUALITY CONTROL

OTIS MAINTENANCE

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Otis will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis field engineers will provide technical assistance, technical information, and ASME A17.1 Code (“Code” or “Elevator Code”) consultation to support our maintenance organization.

CUSTOMER REPRESENTATIVE
As a service to you, and at your request, an Otis representative will be available to discuss with you about modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use and care of the Units, and the OMMSTM program. There is no additional charge for this consulting service, but by making this service available to you, Otis does not assume any duty to warn and you agree to not hold or seek to hold Otis responsible or liable whatsoever in connection with, arising out of, or related to any recommendation or alleged duty to or failure to warn.

REPORTS – CUSTOMER PORTAL
We will use the OMMSTM program to record completion of maintenance procedures. We will, at your request, provide you access to the Customer Portal, our proprietary customer interface that permits you to access electronic records of repair, completed maintenance procedures and service call history for the Unit(s) during the prior twelve (12) months. You will be responsible for obtaining Internet access to use the Customer Portal.

SAFETY
We will conduct safety tests only if required by the applicable Elevator Code in effect on the Commencement Date of the initial term. Tests that are subsequently required by the applicable Elevator Code or authority having jurisdiction are not covered under this Contract, but may be performed for an additional charge which shall be presented at the time of request to perform any such additional test. We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices.

SAFETY TESTS – HYDRAULIC ELEVATORS
We will conduct an annual no load test and annual pressure relief valve test.

SAFETY TESTS – TRACTION ELEVATORS
We will periodically examine safety devices and governors of the Units and conduct an annual no load test.

Code may require a full load, full speed test of safety mechanisms, over-speed governors, and car buffers and counterweight buffers at each fifth year. This test is not included in the Contract. You agree to conduct and pass a five year, full load test on the Units and that this is a material duty. You agree to keep a record of such test and to provide this record to Otis.

FIREFIGHTERS’ SERVICE TEST
If the equipment has firefighters' service, you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance, functioning and testing of the smoke and/or heat detectors. If during the initial firefighters' service test any elevator firefighters' service is found to be inoperable, the building and or you will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. If any applicable Code or governing authority mandates that such required tests be performed by a licensed elevator mechanic, Otis will provide such testing and service for an additional charge on an open order basis. You will be responsible for the costs associated with such testing and service.
24 – HOUR DISPATCHING
Otis will, at your request, provide you with access to the Customer Portal and our OTISLINETM 24-hour, yearround dispatching service. In the event a Unit malfunction occurs between regular examinations, you will

OTIS MAINTENANCE

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be able to place a service call on the Customer Portal or through an OTISLINETM customer service representative, who will, at your request, dispatch an examiner to perform service. In the event Otis receives an emergency call from the phone in the elevator and a passenger indicates a need for assistance, Otis shall attempt to contact a building representative for an assessment of the situation and authorization to respond to the call. If Otis is unable to reach a building representative, Otis shall respond to the emergency call from the phone in the elevator. The visit will be treated as chargeable service request. Any service required outside of normal working hours will be billed to you in accordance with the work schedule detail below.

NORMAL HOURS
All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations.

For purposes of this Contract, a service request is a response by Otis to a request for service for assistance made (a) by the customer or customer representative; (b) by the building or building representative ; (c) by emergency personnel ; (d) through the ADA phone line ; and/or (e) through REMTM monitoring system, for service or assistance, on an as needed basis, excluding regularly scheduled maintenance.

Regular working hours: 8:00 AM – 4:30 PM.

Regular working days: Monday – Friday excluding holidays.

OVERTIME SERVICE REQUESTS
Service requests outside of regular working hours will be billed at standard overtime rates.

SPECIAL PROVISIONS
Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in the event of conflict:

NATIONAL AGREEMENT
To extent applicable this maintenance Contract shall be subject to all the terms and conditions of the National Agreement between Otis and OMNIA Cities / 90C. To the extent applicable the terms and conditions of the National Agreement take precedence over this Contract.

Notwithstanding the foregoing, in the event the National Agreement is terminated prior to the termination of this Contract, this Contract shall continue in full force and effect in accordance with the provisions contained herein.

CUSTOMER BILLING RATES:

Labor Type Regular Time
Rate
Premium Time
Rate Overtime Rate
Mechanic $280.00 $420.00 $560.00
Team – Mech + Helper $560.00 $840.00 $1,120.00
The billing rates in the chart will be increased on January first each year not to exceed 5%.

OTIS MAINTENANCE

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EXHIBIT “B”

SPECIFICATIONS
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Otis Service and Repair Order
2/25/2026

CUSTOMER NAME
Palm Springs Parking Structure
275 INDIAN CYN DR
Palm Springs, CA XXXXX

OTIS ELEVATOR COMPANY
4949 VIEWRIDGE AVENUE,
SAN DIEGO, CA 92123

OTIS CONTACT
Michael Janettas
Phone: +1 (945) 230-4364
Email:

[email protected]

PROJECT LOCATION
Indian Canyon Parking Structure
275 N INDIAN CANYON DR
PALM SPRINGS, CA 92262-6424

PUBLIC SOUTH ELEVATOR BLO
101 N BELARDO ROAD
PALM SPRINGS, CA 92262

PROPOSAL NUMBER
QTE-002375481
We propose to furnish the necessary material and labor on the following units:

Unit Customer Designation
467018 ELV 2, 320-1747
467897 ELV 1, 320-1746
467898 ELV 3, 320-1798

SCOPE OF WORK
ELEVATOR CAB INTERIORS (3 UNITS)

1. Demo: Demo the existing panels, flooring and ceilings.

2. Cab Lining: Line the cab walls with ¼” plywood.

3. Raised Panels: Provide seven (7) vertical panels, three (3) rear wall panels, and two (2) side panels in pans of 20 gauge Rigidized 5WL Textured Satin Stainless Steel, with tightly flanged corners at all four sides. The panel substrate shall be ½” fire-rated particle board. The panels shall be secured to the cab shell with concealed “Z” clip-type fasteners.

4. Base and Reveals: Material shall be flat sheet Stainless Steel, #4 Satin Finish

5. Handrail: Provide one (1) 1-1/2” diameter handrail at the rear walls. Material shall be .083 Stainless Steel Tube, #4 Satin Finish. The handrail brackets shall support a minimum 250-pound load.

6. Suspended Ceilings: Provide and install three (3) section satin stainless steel Tbar ceiling frames with three (3) Lexan diffusers. Provide and install two (2) Man-D-Tec 4’ linear UniLed LED fixtures at the cab canopies in each cab as well as one (1) Man-D Tec ELS IR emergency lighting system on each car top.

7. Car Doors, Front Returns and Headers: Refinish the existing satin stainless steel car doors, front returns and headers to a multi grain swirl finish. Dents and gouges cannot be removed. The COP consoles are excluded from the refinishing process.

8. Car #1: The vandalized lens and plate will be replaced in Elevator 1.

9. Flooring: Demo the existing flooring and install new radial rubber tile flooring, Roppe, Nora or equal, color to be selected.

Terms:

1. Quoted Price: The quoted price shall be held firm for 45 days.

2. Labor: Pricing is based on performing all work during the normal working hours of the day. Premium

OTIS SERVICE AND REPAIR ORDER

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overtime labor costs for performing work at night or weekends shall be provided upon request.

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Clarifications:

1. Cab interior weights: Elevator code does not allow an increase or decrease in the weight of the elevator as a result of the new material finishes by more than 5%. (Formula = 5% of dead weight of cab + capacity of cab). Our preliminary weight calculations suggest the new cab interior material finishes will (not exceed or decrease) the maximum weight change allowable by code. Sterling Corporation offers free consultation services for addressing code weight restriction issues.

2. Inspections: Pricing includes the mandated State inspection of the completed cab interiors.

Material provided shall be installed in accordance with the ASME A17.1 Safety Code for Elevators and Escalators.

Your account representative will contact you to schedule the work. All work will be performed during regular working days and hours of the Elevator Trade unless otherwise specified above. The price quoted below does not include sales tax and is valid for 30 days from the date specified above. The work will be scheduled based on the availability of material and manpower to complete the job efficiently.

The scope proposed herein represents the entire scope that we are contracted for, if additional work is required by others to allow for completion of this work and/or for the inspection to occur, that work is not included. If additional labor and material are needed, a supplemental proposal will be sent.

OTIS SERVICE AND REPAIR ORDER

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EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

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EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

Otis Elevator Company:

By:

Signature
Name (print)
Title (print)
Title (Print)

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EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:

Small Project Exemption: Yes or No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated

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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to , (hereinafter referred to as the “Contractor”)
an agreement for
(hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, , the undersigned Contractor and
as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS,
($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 ).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety

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By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges, $ .
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , 20 , before me, , Notary Public,
personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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55575.18100\42920836.2

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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as the “City”), by action taken or a resolution passed , 20 has awarded to hereinafter
designated as the “Principal,” a contract for the work described as follows:
(the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of
Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

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scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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EXHIBIT “G”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

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Exhibit “H”
Fleet Compliance Certification.

Contractor hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Contractor hereby certifies, subject to penalty for perjury, that the option checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
□ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. □ The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
□ Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). □ The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
□ The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Contractor:

Signature:

Name:

Title:

Date:

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ATTACHMENT “B”
Public Integrity Disclosure

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CITY OF PALM SPRINGS

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

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( Revised 09 13 18)

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What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
{INSTRUCTION FOR APPLICANTS)

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( Revised 09 13 18)

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PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Otis Elevator Company

2. Address of Entity (Principle Place of Business)
One Carrier Place, Farmington, CT 06032

3. Local or California Address (if different than #2)
4949 Viewridge Avenue San Diego, CA, 92123

4. State where Entity is Registered with Secretary of State New Jersey
If other than California, is the Entity also registered in California? Yes [] No

5. Type of Entity
fa Corporation [] Limited Liability Company [] Partnership D Trust [] Other (please specify)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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(Revised 09 13 18)

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7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

Otis Worldwide Corporation 100
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]

0. [name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title
'Sacl USpi0o2 a,S ale Maacae©
=
Date

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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(Revised 09 13 18)

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CITY COUNCIL STAFF REPORT
DATE: MAY 12, 2026 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF THE DOWNTOWN PARK FOUNTAIN SPLASHPAD

RENOVATION
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

Formal City Council acceptance of the Downtown Park Fountain Splashpad Renovation Project ("Project") is required to document the completion of public works improvements and to authorize the filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

The Project provided for the comprehensive repair and renovation of the existing spray ground system at Downtown Park, including demolition, mechanical, electrical, plumbing, and control system upgrades, as part of City Project No. 15-07.

RECOMMENDATION:

1. Accept the public works improvement known as the Downtown Park Fountain Splashpad Renovation Project, as completed in accordance with the Construction Contract; and

2. Authorize the Director of Public Works to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Downtown Park Fountain Splashpad Renovation Project.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B), California Waters Development Inc, dba California Waters, is a corporation registered in the state of California.

BACKGROUND:

The City of Palm Springs completed a competitive bid process for the comprehensive repair and renovation of the spray ground system at Downtown Park, as part of City Project No. 15-07. The existing system was nonfunctional and required replacement of

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City Council Staff Report
May 12, 2026 – Page 2
Acceptance of the Downtown Park Fountain Splashpad Renovation key components to restore safe and reliable operation. The scope of work, based on plans prepared by Aquatic Studio, Inc. dated February 19, 2025, included demolition, mechanical, electrical, plumbing, and control system upgrades. Specific improvements involved pump and filter replacements, chemical feed and storage systems, control panel modifications, system programming, and safety enhancements.

This renovation follows the City's prior challenges with the original construction phase of City Project No. 15-07, for which the City initiated bond enforcement procedures to recover costs and facilitate project completion.

The current spray ground renovation project addressed the unresolved deficiencies from the original contract and establishes a long-term, functional solution. It reflects the City's ongoing commitment to completing and maintaining the Downtown Park as a safe, vibrant, and high-quality public space for residents and visitors alike.

STAFF ANALYSIS:

Construction of the Project began July 10, 2025, and was determined to be substantially complete on April 2, 2026.

The Fountain Splashpad is operational and has been accepted for public use. Acceptance of the improvements will allow Public Works to file a Notice of Completion with the County Recorder, formally closing out the contract and releasing retention in accordance with California Civil Code § 9200.

Staff recommends that City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the Director of Public Works to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment A.

ENVIRONMENTAL ASSESSMENT:

The Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15301, "Existing Facilities" (Class 1). Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The renovation and replacement of the existing spray ground system at Downtown Park constitutes repair and maintenance of an existing public facility and is therefore categorically exempt from CEQA. A Notice of Exemption was previously filed with the Riverside County Clerk in connection with the award of the construction contract.

ALIGNMENT WITH STRATEGIC PLANNING:

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City Council Staff Report
May 12, 2026 – Page 3
Acceptance of the Downtown Park Fountain Splashpad Renovation This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.

FISCAL IMPACT:

The City is holding retention funds in the amount of $27,159.29 for California Waters Development Inc., pending acceptance of improvements and filing the Notice of Completion with the County Recorder's Office.

The original construction contract (Contract No. 25B168) was approved by the City Council on June 25, 2025, in the amount of $520,514.75. During the course of construction, eight (8) project change orders were processed totaling $42,592 resulting in a final construction cost of $563,106.75.

REVIEWED BY:

Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Notice of Completion
B. Public Integrity Disclosure
C. Contract No. 25B186
D. Contract Change Orders 1 – 8

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ATTACHMENT “A”
Notice of Completion

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ATTACHMENT “B”
Public Integrity Disclosure

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ATTACHMENT “C”
Construction Agreement 25B186

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ATTACHMENT “D”
Contract Change Orders 1-8

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CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
Contract No. 25B168 Palm Springs Downtown Park Spray Ground

Contract Change Order Number: 1
Purchase Order Number: 26000477
Date: November 6, 2025
Contractor: California Water Development Inc dba California Waters

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order No. 1 is in accordance with Section 2.4.3 “Change Orders”. City is issuing this Contract Change Order (CCO) to compensate the Contractor for additional work related to power wash the splashpad surge tank. This Contract Change Order No. 1 provides for an increase of $2,701.00 for a total Contract Amount of $523,215.75.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
1 Power Wash the Splashpad surge tank LS $2,701.00

REASON FOR CHANGES:

This is a change order in the amount of $2,701.00 to power wash the splashpad surge tank. Recommended to clean up the splashpad troughs filled with debris, waterfall weir and basin , sump pump pit in the equipment room.

CHANGES TO CONTRACT TIME:

Contract time will be increased by this change order 2 day(s) Source of Funds:

Sufficient funds budgeted and available in Downtown Park Project, Account No. 2603080-80000, E-15-07 -

MEAS J -MEAS J -CON
Summary of Costs:

Original Contract Amount: $520,514.75 Original Contract Time: 90 working days Previous Change Order Amount:

This Change Order:
$0.00 Previous Days Added: 0
This Change Order Amount: $2,701.00 Days Added: 2
Revised Contract Amount: $523,215.75 Revised Contract Time: 92 working days I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Contractor
Signature – Mak Pitman Date
City of Palm Springs
Recommended By:

David McAbee, Director of Public Works Date
Approved By:

Scott Stiles, City Manager Date
Attest By:

Brenda Pree, City Clerk Date
Attachments: (A) Change Order Proposal
Docusign Envelope ID: 3D672A60-8C7F-407D-A1B4-41F44D66DB4E 11/17/2025
11/17/2025
11/17/2025
11/18/2025

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Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Public Works Pay File (1)
City Clerk (1) Project File (1)
Purchasing (1)
Finance (1)
Docusign Envelope ID: 3D672A60-8C7F-407D-A1B4-41F44D66DB4E

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23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960

CHANGE ORDER REQUEST (COR)
DESCRIPTION OF WORK:

Email from Aquatic consultant to power wash the splashpad surge tank. Recommended to clean up splashpad troughs filled with debris, waterfall weir and basin, sump pump pit in equipment room.

THIS CHANGE ORDER TOTAL: $2,701.00
TIME EXTENSION: CONTRACT TIME WILL BE INCREASED BY THIS CHANGE ORDER 2 DAY(S).

THIS CHANGE ORDER REQUEST EXCLUDES THE FOLLOWING:
a) Removal, relocation, or replacement of any existing utilities b) Any additional items or services not explicitly listed in the “Pricing Includes” section, as well as any items outside the specified “limits of the splash pad.”
c) Liquidate damage, overtime, night, weekend work. Schedule acceleration. d) Any calcification or rust removal. Cleaning will only be to remove what a pass by a power washer can remove.

WE WILL NOT PROCEED WITH THE ABOVE CHANGE ORDER REQUEST UNTIL DIRECTED IN WRITING TO DO SO.

Vanessa Bernal
Project Manager
California Waters
o 949.528.0900 x 130 | C 714.421.6010
[email protected]
2311 E. La Palma Ave. | Yorba Linda, CA 92887
we bring water to life | californiawaters.com

TO: Aaron Bergeson DATE: 11/6/2025
COMPANY: City of Palm Springs CAW COR #: 001
EMAIL: [email protected] CAW PROJECT #: 24067 PHONE #: (760) 567-9520 PROJECT NAME: Palm Springs Downtown Park Splash Pad
Docusign Envelope ID: 3D672A60-8C7F-407D-A1B4-41F44D66DB4E

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CHANGE ORDER WORKSHEET
COMPANY: DATE: 11/6/2025
City of Palm Springs COR #: 001
PROJECT #:

PROJECT NAME:

SUBCONTRACTOR
Subcontractor Net Price Total
$ - $ -
$ - $ -
$ - $ -

SUBCONTRACTOR SUMMARY
SUBCONTRACTOR SUB-TOTAL $ -

MATERIAL
Material Description Qty Net Price Total
$ - $ -
$ - $ -
$ - $ -
$ - $ -

MATERIAL SUMMARY
MATERIAL SUB-TOTAL $ -
SALES TAX Tax 10.50% $ -

EQUIPMENT RENTAL
Equipment Rental Description Qty Days Rate Misc. / Fuel Total $ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -

EQUIPMENT RENTAL SUMMARY
EQUIPMENT RENTAL SUB-TOTAL $ -
LABOR
Labor Classification Qty Labor Hours Labor Rate Other Total Labor Price Laborer 3 8 $ 88.98 $ - $ 2,135.52
Irrigation Pipe Fitter $ 82.54 $ - $ -
Operator $ 112.34 $ - $ -
Inside Wireman $ 102.68 $ - $ -
Industrial Plumber $ 104.06 $ - $ -
$ - $ - $ -

LABOR SUMMARY
LABOR SUB-TOTAL $ 2,135.52

PCO PRICING SUMMARY
SUBCONTRACTOR TOTAL $ -
SUBCONTRACTOR MARKUP 0.00% $ -
MATERIAL TOTAL $ -
MATERIAL MARKUP 15.00% $ -
EQUIPMENT RENTAL TOTAL $ -
EQUIPMENT RENTAL MARKUP 0.00% $ -
LABOR TOTAL $ 2,135.52
LABOR MARKUP 10.00% $ 213.55
SUB-TOTAL(1) $ 2,349.07
OVERHEAD & PROFIT 15.00% $ 352.36
CHANGE ORDER GRAND TOTAL $ 2,701
NOTES:
25044
Palm Springs Downtown Park Spray
Ground
Notes
Scope of Services Performed
California Waters | 23311 E. La Palma Avenue, Yorba Linda, CA 92887 | Office: (949) 528-0900 | Fax: (949) 528-0910 | www.californiawaters.com Docusign Envelope ID: 3D672A60-8C7F-407D-A1B4-41F44D66DB4E

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1 Vanessa Bernal
From: Sonny Sim <[email protected]>
Sent: Wednesday, November 5, 2025 11:55 AM
To: Vanessa Bernal; Aaron Bergeson
Subject: PSDP - UV Startup
Categories: 25044 - Palm Springs
Vanessa,
For the UV commissioning, based on the repairs that occured with the UV system previously, we recommend the following to be done before Knorr Systems gets out there:

1. Clean the surge tank and make sure there's no debris prior to filling. The surge tank should be cleaned thoroughly and power washed.

2. The filters shall be operational for at least 2 days prior to commissioning.

3. The chemical feed pumps (chlorine and acid) shall be operational at the same time the filters are operating.

There were issues with transmittance levels being out of range for the UV units previously which caused the UV unit to trip and stop the jet pump from running. The transmittance is due to cloudy water due to poor water quality, so we need to have the system operational and running before the UV units are started and commissioned.

Thanks.

Sonny O. Sim, P.E.

President
318 W. Katella Avenue, Suite A
Orange, CA 92867
Phone: (949)229-0350
Mobile: (949)590-0369
Web: www.aquaticstudioinc.com
Email: [email protected]
Docusign Envelope ID: 3D672A60-8C7F-407D-A1B4-41F44D66DB4E

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Page 1 of 1 ends

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
Contract No. 25B168 Palm Springs Downtown Park Spray Ground

Contract Change Order Number: 2
Purchase Order Number: 26000477
Date: November 10, 2025
Contractor: California Water Development Inc dba California Waters

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order No. 2 is in accordance with Section 2.4.3 “Change Orders”. City is issuing this Contract Change Order (CCO) to compensate the Contractor for additional work related to the existing terminal block for the jet pump interior due to being corroded and broken. This Contract Change Order No. 2 provides for an increase of $1,542.00 for a total Contract Amount of $524,757.75.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
1 Terminal Block Jet Pump Interior Broken LS $1,542.00

REASON FOR CHANGES:

This is a change order in the amount of $1,542.00 to work on the existing terminal block for the jet pump interior is broken. The screw clamp connection is corroded from previous existing conditions.

CHANGES TO CONTRACT TIME:

Contract time will be increased by this change order 4 day(s) Source of Funds:

Sufficient funds budgeted and available in Downtown Park Project, Account No. 2603080-80000, E-15-07 -

MEAS J -MEAS J -CON
Summary of Costs:

Original Contract Amount: $520,514.75 Original Contract Time: 90 working days Previous Change Order Amount:

This Change Order:
$2,701.00 Previous Days Added: 2
This Change Order Amount: $1,542.00 Days Added: 04
Revised Contract Amount: $524,757.75 Revised Contract Time: 96 working days I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Contractor
Signature – Mak Pitman Date
City of Palm Springs
Recommended By:

David McAbee, Director of Public Works Date
Approved By:

Scott Stiles, City Manager Date
Attest By:

Brenda Pree, City Clerk Date
Attachments: (A) Change Order Proposal
Distribution:

Docusign Envelope ID: 165FCADC-9BA5-4E70-8953-6C8680D379CD 11/17/2025
11/17/2025
11/17/2025
11/18/2025

M – Page 602 of 1320

Page 2 of 1 ends

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Public Works Pay File (1)
City Clerk (1) Project File (1)
Purchasing (1)
Finance (1)
Docusign Envelope ID: 165FCADC-9BA5-4E70-8953-6C8680D379CD

M – Page 603 of 1320
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960

CHANGE ORDER REQUEST (COR)
DESCRIPTION OF WORK:

Existing terminal block for the jet pump interior is broken. The screw clamp connection is corroded from previous existing conditions.

Time delay is waiting period to procure the material and one day for installation.

THIS CHANGE ORDER TOTAL: $1,542.00
TIME EXTENSION: CONTRACT TIME WILL BE INCREASED BY THIS CHANGE ORDER 4 DAY(S).

WE WILL NOT PROCEED WITH THE ABOVE CHANGE ORDER REQUEST UNTIL DIRECTED IN WRITING TO DO SO.

Vanessa Bernal
Project Manager
California Waters
o 949.528.0900 x 130 | C 714.421.6010
[email protected]
2311 E. La Palma Ave. | Yorba Linda, CA 92887
we bring water to life | californiawaters.com

TO: Aaron Bergeson DATE: 11/10/2025
COMPANY: City of Palm Springs CAW COR #: 002
EMAIL: [email protected] CAW PROJECT #: 24067 PHONE #: (760) 567-9520 PROJECT NAME: Palm Springs Downtown Park Splash Pad
Docusign Envelope ID: 165FCADC-9BA5-4E70-8953-6C8680D379CD

M – Page 604 of 1320

CHANGE ORDER WORKSHEET
COMPANY: DATE: 11/10/20254
City of Palm Springs COR #: 002
PROJECT #:

PROJECT NAME:

SUBCONTRACTOR
Subcontractor Net Price Total
$ - $ -
$ - $ -
$ - $ -

SUBCONTRACTOR SUMMARY
SUBCONTRACTOR SUB-TOTAL $ -

MATERIAL
Material Description Qty Net Price Total
UT 10 Feed-through terminal block nom 4 $ 3.14 $ 12.56
$ - $ -
$ - $ -
$ - $ -

MATERIAL SUMMARY
MATERIAL SUB-TOTAL $ 12.56
SALES TAX Tax 10.50% $ 1.32

EQUIPMENT RENTAL
Equipment Rental Description Qty Days Rate Misc. / Fuel Total $ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -

EQUIPMENT RENTAL SUMMARY
EQUIPMENT RENTAL SUB-TOTAL $ -
LABOR
Labor Classification Qty Labor Hours Labor Rate Other Total Labor Price Laborer (driver to go pick it up , shipping not available) 1 2 $ 88.98 $ - $ 177.96 Irrigation Pipe Fitter $ 82.54 $ - $ -
Operator $ 112.34 $ - $ -
Inside Wireman 1 10 $ 102.68 $ - $ 1,026.80
Industrial Plumber $ 104.06 $ - $ -
$ - $ - $ -

LABOR SUMMARY
LABOR SUB-TOTAL $ 1,204.76

PCO PRICING SUMMARY
SUBCONTRACTOR TOTAL $ -
SUBCONTRACTOR MARKUP 0.00% $ -
MATERIAL TOTAL $ 13.88
MATERIAL MARKUP 15.00% $ 2.08
EQUIPMENT RENTAL TOTAL $ -
EQUIPMENT RENTAL MARKUP 0.00% $ -
LABOR TOTAL $ 1,204.76
LABOR MARKUP 10.00% $ 120.48
SUB-TOTAL(1) $ 1,341.20
OVERHEAD & PROFIT 15.00% $ 201.18
CHANGE ORDER GRAND TOTAL $ 1,542
NOTES:
25044
Palm Springs Downtown Park Spray
Ground
Notes
Scope of Services Performed
California Waters | 23311 E. La Palma Avenue, Yorba Linda, CA 92887 | Office: (949) 528-0900 | Fax: (949) 528-0910 | www.californiawaters.com Docusign Envelope ID: 165FCADC-9BA5-4E70-8953-6C8680D379CD

M – Page 605 of 1320
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960 Docusign Envelope ID: 165FCADC-9BA5-4E70-8953-6C8680D379CD

M – Page 606 of 1320
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960 Docusign Envelope ID: 165FCADC-9BA5-4E70-8953-6C8680D379CD

M – Page 607 of 1320

Page 1 of 1 ends

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
Contract No. 25B168 Palm Springs Downtown Park Splash Pad

Contract Change Order Number: 3
Purchase Order Number: 26000477
Date: November 10, 2025
Contractor: California Water Development Inc dba California Waters

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order No. 3 is in accordance with Section 2.4.3 “Change Orders”. City is issuing this Contract Change Order (CCO) to compensate the Contractor for additional work related to the removal of the current Unistrut fog line support and install new Plastic Strut Clip Clamp. This Contract Change Order No. 3 provides for an increase of $2,888.00 for a total Contract Amount of $527,645.75.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
1 Removal and install Strut Clip LS $2,888.00

REASON FOR CHANGES:

This is a change order in the amount of $2,888.00 to remove current Unistrut fog line support and install new Plastic Strut Clip Clamp support within the fog through.

CHANGES TO CONTRACT TIME:

Contract time will be increased by this change order 3 day(s) Source of Funds:

Sufficient funds budgeted and available in Downtown Park Project, Account No. 2603080-80000, E-15-07 -

MEAS J -MEAS J -CON
Summary of Costs:

Original Contract Amount: $520,514.75 Original Contract Time: 90 working days Previous Change Order Amount:

This Change Order:
$4,243.00 Previous Days Added: 6
This Change Order Amount: $2,888.00 Days Added: 3
Revised Contract Amount: $527,645.75 Revised Contract Time: 99 working days I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Contractor
Signature – Mak Pitman Date
City of Palm Springs
Recommended By:

David McAbee, Director of Public Works Date
Approved By:

Scott Stiles, City Manager Date
Attest By:

Brenda Pree, City Clerk Date
Attachments: (A) Change Order Proposal
Distribution:

Docusign Envelope ID: 11F698E2-A4F3-45A4-A4AA-E28852D5A0CD 11/17/2025
11/17/2025
11/17/2025
11/18/2025

M – Page 608 of 1320

Page 2 of 1 ends

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Public Works Pay File (1)
City Clerk (1) Project File (1)
Purchasing (1)
Finance (1)
Docusign Envelope ID: 11F698E2-A4F3-45A4-A4AA-E28852D5A0CD

M – Page 609 of 1320
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960

CHANGE ORDER REQUEST (COR)
DESCRIPTION OF WORK:

Cost to remove current Unistrut fog line support and install new Plastic Strut Clic Clamp support within the fog through.

THIS CHANGE ORDER TOTAL: $2,888.00
TIME EXTENSION: CONTRACT TIME WILL BE INCREASED BY THIS CHANGE ORDER 3 DAY(S).

THIS CHANGE ORDER REQUEST EXCLUDES THE FOLLOWING:
a) Removal, relocation, or replacement of any existing utilities b) Any additional items or services not explicitly listed in the “Pricing Includes” section, as well as any items outside the specified “limits of the splash pad.”
c) Liquidate damage, overtime, night, weekend work. Schedule acceleration. d) Any programming
e) Any modifications to fog lines.
f) Additional drainage lines.
g) Waterproofing
WE WILL NOT PROCEED WITH THE ABOVE CHANGE ORDER REQUEST UNTIL DIRECTED IN WRITING TO DO SO.

Vanessa Bernal
Project Manager
California Waters
o 949.528.0900 x 130 | C 714.421.6010
[email protected]
2311 E. La Palma Ave. | Yorba Linda, CA 92887
we bring water to life | californiawaters.com

TO: Aaron Bergeson DATE: 11/10/2025
COMPANY: City of Palm Springs CAW COR #: 003
EMAIL: [email protected] CAW PROJECT #: 24067 PHONE #: (760) 567-9520 PROJECT NAME: Palm Springs Downtown Park Splash Pad
Docusign Envelope ID: 11F698E2-A4F3-45A4-A4AA-E28852D5A0CD

M – Page 610 of 1320

CHANGE ORDER WORKSHEET
COMPANY: DATE: 11/10/2025
City of Palm Springs COR #: 003
PROJECT #:

PROJECT NAME:

SUBCONTRACTOR
Subcontractor Net Price Total
$ - $ -
$ - $ -
$ - $ -

SUBCONTRACTOR SUMMARY
SUBCONTRACTOR SUB-TOTAL $ -

MATERIAL
Material Description Qty Net Price Total
Clic Top #CLIC-003 40 2.86$ 114.40$
Clic Spacer #CLIC-SP35 40 $ 4.35 $ 174.00
SS 1/4" Screw x 2-3/4" Long 40 $ 1.86 $ 74.50
Sealant, Black, waterproof 3 12.65$ 37.95$
Freight 1 35.00$ 35.00$

MATERIAL SUMMARY
MATERIAL SUB-TOTAL $ 435.85
SALES TAX Tax 10.50% $ 45.76

EQUIPMENT RENTAL
Equipment Rental Description Qty Days Rate Misc. / Fuel Total $ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -

EQUIPMENT RENTAL SUMMARY
EQUIPMENT RENTAL SUB-TOTAL $ -
LABOR
Labor Classification Qty Labor Hours Labor Rate Other Total Labor Price Laborer 2 10 88.98$ -$ 1,779.60$
Irrigation Pipe Fitter 82.54$ -$ -$
Operator 112.34$ -$ -$
Inside Wireman 102.68$ -$ -$
Industrial Plumber 104.06$ -$ -$
-$ -$ -$

LABOR SUMMARY
LABOR SUB-TOTAL $ 1,779.60

PCO PRICING SUMMARY
SUBCONTRACTOR TOTAL $ -
SUBCONTRACTOR MARKUP 0.00% $ -
MATERIAL TOTAL $ 481.61
MATERIAL MARKUP 15.00% $ 72.24
EQUIPMENT RENTAL TOTAL $ -
EQUIPMENT RENTAL MARKUP 0.00% $ -
LABOR TOTAL $ 1,779.60
LABOR MARKUP 10.00% $ 177.96
SUB-TOTAL(1) $ 2,511.42
OVERHEAD & PROFIT 15.00% $ 376.71
CHANGE ORDER GRAND TOTAL $ 2,888
NOTES:
25044
Palm Springs Downtown Park Spray
Ground
Notes
Scope of Services Performed
California Waters | 23311 E. La Palma Avenue, Yorba Linda, CA 92887 | Office: (949) 528-0900 | Fax: (949) 528-0910 | www.californiawaters.com Docusign Envelope ID: 11F698E2-A4F3-45A4-A4AA-E28852D5A0CD

M – Page 611 of 1320

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Docusign Envelope ID: 11F698E2-A4F3-45A4-A4AA-E28852D5A0CD

M – Page 612 of 1320
Docusign Envelope ID: 11F698E2-A4F3-45A4-A4AA-E28852D5A0CD

M – Page 613 of 1320
CLIC-2NP-0113
CLIC® TOP & CLIC® Original
Pipe Hangers, Spacers & Accessories
CLIC® TOP - The Premium One-Piece
Self Locking Plastic Pipe Clamp.

Excellent Chemical Resistance.

Pure Polyamide Construction UV Resistant
for Indoor or Outdoor Installation
CLIC® Economical - Copolymer Construction
for Indoor Installation Only
-OR-
 Excellent Protection for Plastic Piping - No Sharp Edges  Available for IPS Pipe 1/8" - 4" & CTS Pipe 1/2" – 2", Plus Popular 1-1/2" Tubing Size for Conduit & Other Applications  Corrosion Resistant
 High Impact Strength & Flexibility
 UL® 94 HB Flammability Rating
Engineered for Exceptional Ease of Use
Single-Hand Installation - Place the pipe, apply slight pressure and the clamp locks itself with a sharp clic. Saves up to 40% installation time in comparison to commonly used clamps.

For 1/8" - 2"
Pipe & Tubing
For 2-1/2" - 4" Pipe & Tubing
Assorted Mounting Accessories
Stand-Off Spacers
- Approximate distance
from mounting surface to
surface of pipe
Strut Hangers
- Provides Easy Mount to Standard
1-5/8" width Strut Channel
Stainless Steel Mounting
Flange Nut
- Fits Hanger Base to provide 1/4"-20
threaded rod, stud or bolt connection
Stainless Steel Flange
Nut Mounting Adapter
- Adapts CLIC® Flange Nut to
3/8"-16 threaded rod, stud
or bolt connection
Docusign Envelope ID: 11F698E2-A4F3-45A4-A4AA-E28852D5A0CD

M – Page 614 of 1320
© Copyright 2016 Spears® Manufacturing Company. All Rights Reserved. Printed in the United States of America 06/16. CLIC-2NP-0113 SPEARS® MANUFACTURING COMPANY • CORPORATE OFFICE
15853 Olden St., Sylmar, CA 91342 • PO Box 9203, Sylmar, CA 91392 (818) 364-1611 • www.spearsmfg.com
Progressive Products From Spears® Innovation & Technology CLIC® TOP & CLIC® Economical Technology
Count on the advantages and quality proven world-wide successful use, even under very hard conditions, for more than 25 years.

Safety lock
The only pipe clamp with the extra
strong double interlocking closing
mechanism for absolute secure hold.
- wide clamping range
- high loading capacity, secure hold
- easy to open
Flexible jaws
In conjunction with the flexibility of
the material, pipe tolerances can be
compensated to a large extent.
3 slotted holes for secure and
accurate fixation
For position adjustments.

Strong swivel joints
The patented joint mechanism together
with high-quality plastics allows
installation work also at very low
temperatures.

Smooth surface
Allows pipe expansion/contraction
lengthwise.

Compact design
One-piece:
- space saving
- no loss of screws
Integrated thread
The larger CLIC® is provided with
an inside thread for mountings with
1/2" threads.

Large base
For high stability.

Center marks for threads and
screws
Perfect positioning.

Less inventory
The flexible locking system allows
installation of multiple diameter pipes
with fewer clamp sizes.

Flange Nut
For 1/4" - 20 Rod or Bolt
Flange Nut Adapter
Adapter for 3/8" - 16
Rod or Bolt
Strut Hanger
Mounts to standard
1-5/8" width Strut
Channel. Includes
screw for mounting
to center of CLIC®
Hanger.

Slot for threaded Flange Nut
CLIC® Top & CLIC® are registered trademarks of Egli Fischer Co. Ltd Docusign Envelope ID: 11F698E2-A4F3-45A4-A4AA-E28852D5A0CD

M – Page 615 of 1320

Page 1 of 1 ends

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
Contract No. 25B168 Palm Springs Downtown Park Splash Pad

Contract Change Order Number: 4
Purchase Order Number: 26000477
Date: November 17, 2025
Contractor: California Water Development Inc dba California Waters

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order No. 4 is in accordance with Section 2.4.3 “Change Orders”. City is issuing this Contract Change (CCO) to compensate the Contractor for additional work related to the replacement of the high pressure hose, inlet filters and pressure transmitter on site. This Contract Change Order No. 4 provides for an increase of $2,192.00 for a total Contract Amount of

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
1 Replace pressure hose, inlet filters and
pressure transmitter LS $2,192.00

REASON FOR CHANGES:

This is a change order in the amount of $2,192.00 to replace the high pressure hose, inlet filters and pressure transmitter on site.

CHANGES TO CONTRACT TIME:

Contract time will be increased by this change order 3 day(s) Source of Funds:

Sufficient funds budgeted and available in Downtown Park Project, Account No. 2603080-80000, E-15-07 -

MEAS J -MEAS J -CON
Summary of Costs:

Original Contract Amount: $520,514.75 Original Contract Time: 90 working days Previous Change Order Amount:

This Change Order:
$7,131.00 Previous Days Added: 9
This Change Order Amount: $2,192.00 Days Added: 3
Revised Contract Amount: $529,837.75 Revised Contract Time: 102 working days
I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Contractor
Signature – Mark Pitman Date
City of Palm Springs
Recommended By:

David McAbee, Director of Public Works Date
Approved By:

Scott Stiles, City Manager Date
Attest By:

Brenda Pree, City Clerk Date
Attachments: (A) Change Order Proposal
Distribution:

Docusign Envelope ID: 6C8D5F67-C222-48BC-8748-DB00DBEB59BC 11/21/2025
11/22/2025
11/22/2025
11/22/2025

M – Page 616 of 1320

Page 2 of 1 ends

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Public Works Pay File (1)
City Clerk (1) Project File (1)
Purchasing (1)
Finance (1)
Docusign Envelope ID: 6C8D5F67-C222-48BC-8748-DB00DBEB59BC

M – Page 617 of 1320
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960

CHANGE ORDER REQUEST (COR)
DESCRIPTION OF WORK:

Replace high pressure hose onsite, replaced inlet filters, pressure transmitter. All done onsite.

No charge for commissioning or testing show control, only replacement pieces needed to get the unit running.

MeeFog will need to return onsite to inspect nozzles. This second trip for commissioning is included in our scope of work but labor and material for damaged items are not.

THIS CHANGE ORDER TOTAL: $2,192.00
TIME EXTENSION: CONTRACT TIME WILL BE INCREASED BY THIS CHANGE ORDER 3 DAY(S).

WE WILL NOT PROCEED WITH THE ABOVE CHANGE ORDER REQUEST UNTIL DIRECTED IN WRITING TO DO SO.

Vanessa Bernal
Project Manager
California Waters
o 949.528.0900 x 130 | C 714.421.6010
[email protected]
2311 E. La Palma Ave. | Yorba Linda, CA 92887
we bring water to life | californiawaters.com

TO: Aaron Bergeson DATE: 11/14/2025
COMPANY: City of Palm Springs CAW COR #: 004
EMAIL: [email protected] CAW PROJECT #: 24067 PHONE #: (760) 567-9520 PROJECT NAME: Palm Springs Downtown Park Splash Pad
Docusign Envelope ID: 6C8D5F67-C222-48BC-8748-DB00DBEB59BC

M – Page 618 of 1320

CHANGE ORDER WORKSHEET
COMPANY: DATE: 11/11/2025
City of Palm Springs COR #: 004
PROJECT #:

PROJECT NAME:

SUBCONTRACTOR
Subcontractor Net Price Total
$ - $ -
$ - $ -
$ - $ -

SUBCONTRACTOR SUMMARY
SUBCONTRACTOR SUB-TOTAL $ -

MATERIAL
Material Description Qty Net Price Total
1/2 x 1/2 NPT Male, 5/8“ OD High-Pressure Braided Chemical Hose with Fittings, Swivel End, Brass 36" 1 $ 193.61 $ 193.61 Cartridge Filter; Polypropylene 2-3/4“ Diameter, 9-3/4” Long, 5 Micron
3 $ 17.16 $ 51.48
High-Pressure Braided Chemical Hose with Fittings, Swivel End, 303 Stainless Steel 1/2 NPT Male, 5/8“ OD, 40 Overall
Length
1 $ 203.34 $ 203.34
Connector; Stainless Steel, 3/4“ OD x
1/2”, Female, NPT (12CF8-316) 1 $ 89.20 $ 89.20
Electronic pressure switch, single switch point plus 4-20 mA, 1/2” NPT flush diaphragm seal process connection,
Viton seals, pizoresistive sensor, M12 electrical connection, 0- 1500 psi
1 $ 810.36 $ 810.36
Freight - UPS 1 $ 75.00 $ 75.00

MATERIAL SUMMARY
MATERIAL SUB-TOTAL $ 1,422.99
SALES TAX Tax 10.50% $ 149.41

EQUIPMENT RENTAL
Equipment Rental Description Qty Days Rate Misc. / Fuel Total $ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -

EQUIPMENT RENTAL SUMMARY
EQUIPMENT RENTAL SUB-TOTAL $ -
LABOR
Labor Classification Qty Labor Hours Labor Rate Other Total Labor Price Laborer 1 1 $ 88.98 $ - $ 88.98
Irrigation Pipe Fitter $ 82.54 $ - $ -
Operator $ 112.34 $ - $ -
Inside Wireman $ 102.68 $ - $ -
Industrial Plumber $ 104.06 $ - $ -
$ - $ - $ -

LABOR SUMMARY
LABOR SUB-TOTAL $ 88.98

PCO PRICING SUMMARY
SUBCONTRACTOR TOTAL $ -
SUBCONTRACTOR MARKUP 0.00% $ -
MATERIAL TOTAL $ 1,572.40
MATERIAL MARKUP 15.00% $ 235.86
EQUIPMENT RENTAL TOTAL $ -
EQUIPMENT RENTAL MARKUP 0.00% $ -
LABOR TOTAL $ 88.98
LABOR MARKUP 10.00% $ 8.90
SUB-TOTAL(1) $ 1,906.14
OVERHEAD & PROFIT 15.00% $ 285.92
CHANGE ORDER GRAND TOTAL $ 2,192
NOTES:
25044
Palm Springs Downtown Park Spray
Ground
Notes
Scope of Services Performed
California Waters | 23311 E. La Palma Avenue, Yorba Linda, CA 92887 | Office: (949) 528-0900 | Fax: (949) 528-0910 | www.californiawaters.com Docusign Envelope ID: 6C8D5F67-C222-48BC-8748-DB00DBEB59BC

M – Page 619 of 1320
FIELD VISIT DOCUMENTATION QSF 3.3.1
QSF 3.3.1, Rev. K 10/24/2019 Page 1 of 1
Project: Palm Springs Downtown Park Service Call Project No.: PN1481.3 Address: California Waters Phone:
230 N Museum Drive Fax:

Palm Springs, CA 92262
Contact Person: Vanessa Bernal Email Address: [email protected] End User Contact: Email Address:

Start Date: 11/06/25 Finish Date: 11/06/25 Field Tech: Kevin Randall Days on Site: 1 Hours on Site: 4 + 4 Travel OT on Site: Yes: No: X Reason for Visit: Replace High Pressure Hose, Inspect/Test Fog System, Pump Run Hours:

Coordinate with Show Control Pump
1 Pump
2 Pump
3 Pump
4 Pump
5 Pump
6 Pump
7 Pump
8 Work Performed:

Replaced inlet filters
Replaced 1 of 2 high pressure hoses
Replaced pressure transmitter.

Tested and verified show control is functional and working.

Ran the fog system to verify everything is functioning as designed.

MeeFog Technician Comments: Based on emails and a quick inspection, I replaced the leaking high pressure (1 of 2). Then I checked the pump oil (looked good), replace the inlet filters (looked ok, but not sure how long they were sitting) and flushed the inlet feedline. After powering up the system I was able to determine the pressure transmitter was bad. I replaced the transmitter and attempted to run the fog system. It appeared everything was functioning correctly, but when the system hit 500psi high pressure hose #2 popped. Because of this, I was unable to check the high-pressure feedline hoses to the fog lines and the fog nozzles.

I was able to work with show control to verify the signal was functional and that the fog system would run in auto. I believe the Start/Stop demand from show control to the fog system may be too rapid and there should be further discussion.

A new hose will be sent to California Waters. Alexis was shown where the hose will need to be installed.

A proposal can be supplied for additional visits if requested.

Punch List: Replace high pressure hose #2 
Inspect high pressure feed hose that run from pump rack to fog lines  Inspect fog nozzles and replace nozzle filters if necessary  Verify quantity of Start/Stop per hour being demanded from show control  Customer Comments:

Kevin Randall 11/06/25
MeeFog Technician Date Customer Representative Date

*Email this form to customer, cc [email protected] Docusign Envelope ID: 6C8D5F67-C222-48BC-8748-DB00DBEB59BC

M – Page 620 of 1320
Mee Industries Inc
16021 Adelante St.

Irwindale CA 91702
United States
FID# 95-2578194
Date
11/5/2025
Order #
643686
Bill To

CALIFORNIA WATERS, LLC
Accounts Payable
23311 E. La Palma Avenue
Yorba Linda CA 92887
United States
Ship To

CALIFORNIA WATERS, LLC
ATTEN: ALEXIS
23311 E. La Palma Avenue
Yorba Linda CA 92887
United States
15% re-stocking fee applied on returns.

UPS Ground Will Call - Kevin
Dims &
Weight(s)
Ship Via: Shipping Account #
E-Mail Address 1 Cell Phone # Contact
[email protected]
Contact Phone #
(949) 528-0900
Terms Est. Lead Time
Net 30
Purchase Order Number
Pending PO
Taken By
Moore, Jonathan
Market
Parts & Service
Shipping Estimate:

PARTS ORDER
Mee Part #
302HOS-15166
Qty.
1 U...
ea.

Filled
0 B/O
0 Parts Description
***Part of Project 1481.3
***See S/O 643698 for Billing
1/2 x 1/2 NPT Male, 5/8“ OD
High-Pressure Braided Chemical Hose
with Fittings, Swivel End, Brass 36 inches
Long
Rate
193.61
Amount
193.61
Subtotal 193.61
643686
Docusign Envelope ID: 6C8D5F67-C222-48BC-8748-DB00DBEB59BC

M – Page 621 of 1320
Mee Industries Inc
16021 Adelante St.

Irwindale CA 91702
United States
FID# 95-2578194
Date
11/5/2025
Order #
643686
Bill To

CALIFORNIA WATERS, LLC
Accounts Payable
23311 E. La Palma Avenue
Yorba Linda CA 92887
United States
Ship To

CALIFORNIA WATERS, LLC
ATTEN: ALEXIS
23311 E. La Palma Avenue
Yorba Linda CA 92887
United States
15% re-stocking fee applied on returns.

PARTS ORDER
Mee Part #
302HOS-15166
Qty.
1 U...
ea.

M – Page 622 of 1320
FIELD VISIT DOCUMENTATION QSF 3.3.1
QSF 3.3.1, Rev. K 10/24/2019 Page 1 of 1
Project: Palm Springs Downtown Park Service Call Project No.: PN1481.3 Address: California Waters Phone:
230 N Museum Drive Fax:

Palm Springs, CA 92262
Contact Person: Vanessa Bernal Email Address: [email protected] End User Contact: Email Address:

Coordinate with Show Control Pump
1 Pump
2 Pump
3 Pump
4 Pump
5 Pump
6 Pump
7 Pump
8 Work Performed:

Replaced inlet filters
Replaced 1 of 2 high pressure hoses
Replaced pressure transmitter.

Tested and verified show control is functional and working.

Ran the fog system to verify everything is functioning as designed.

A new hose will be sent to California Waters. Alexis was shown where the hose will need to be installed.

A proposal can be supplied for additional visits if requested.

Kevin Randall 11/06/25
MeeFog Technician Date Customer Representative Date

*Email this form to customer, cc [email protected] Docusign Envelope ID: 6C8D5F67-C222-48BC-8748-DB00DBEB59BC

M – Page 623 of 1320

Page 1 of 1 ends

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
Contract No. 25B168 Palm Springs Downtown Park Splash

Contract Change Order Number: 5
Purchase Order Number: 26000477
Date: November 25, 2025
Contractor: California Water Development Inc dba California Waters

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order No. 5 is in accordance with Section 2.4.3 “Change Orders”. City is issuing this Contract Change Order (CCO) to compensate the Contractor to provide full manufacturer-recommended rebuild of the existing ETS UV unit, including PM kit and additional components required to return the system to a known operational baseline. This Contract Change Order No. 5 provides for an increase of $16,708.00 for a total Contract Amount of $546,545.75.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
1 Manufactured-recommended rebuilt of
the existing ETS UV unit LS $16,708.00

REASON FOR CHANGES:

This is a change order in the amount of $16,708.00 includes restoring the UV to functional condition so commissioning can be completed and system reliability verified.

CHANGES TO CONTRACT TIME:

Contract time will be increased by this change order 16 day(s) Source of Funds:

Sufficient funds budgeted and available in Downtown Park Project , Account No. 2603080-80000, E-15-07 -

MEAS J -MEAS J -CON
Summary of Costs:

Original Contract Amount: $520,514.75 Original Contract Time: 90 working days Previous Change Order Amount:

This Change Order:
$9,323.00 Previous Days Added: 12
This Change Order Amount: $16,708.00 Days Added: 16
Revised Contract Amount: $546,545.75 Revised Contract Time: 118 working days
I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Contractor
Signature – Mark Pitman Date
City of Palm Springs
Recommended By:

David McAbee, Director of Public Works Date
Approved By:

Scott Stiles, City Manager Date
Attest By:

Brenda Pree, City Clerk Date
Docusign Envelope ID: B967A040-01E7-48C7-8051-0FAE379713C5 12/5/2025
12/7/2025
12/7/2025
12/9/2025

M – Page 624 of 1320

Page 2 of 1 ends

Attachments: (A) Change Order Proposal
Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Public Works Pay File (1)
City Clerk (1) Project File (1)
Purchasing (1)
Finance (1)
Docusign Envelope ID: B967A040-01E7-48C7-8051-0FAE379713C5

M – Page 625 of 1320
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960

CHANGE ORDER REQUEST (COR)
DESCRIPTION OF WORK:

Provide full manufacturer-recommended rebuild of the existing ETS UV unit, including PM kit and additional components required to return the system to a known operational baseline. Scope includes restoring the UV to functional condition so commissioning can be completed and system reliability verified.” THIS CHANGE ORDER TOTAL: $16,708.00
TIME EXTENSION: CONTRACT TIME WILL BE INCREASED 16 WORKING DAYS CAUSED BY THIS CHANGE.

MATERIAL LEAD TIME 15 WORKING DAY(S) PLUS 1 WORKING DAY(S) LABOR.

THIS CHANGE ORDER REQUEST EXCLUDES THE FOLLOWING:
a) Removal, relocation, or replacement of any existing utilities b) Any additional items or services not explicitly listed in the “Pricing Includes” section, as well as any items outside the specified “limits of the splash pad.”
c) Liquidate damages, overtime, night, weekend work. Schedule acceleration. d) Any programming
e) Any electrical modifications.
f) New UV body or UV Panel.

WE WILL NOT PROCEED WITH THE ABOVE CHANGE ORDER REQUEST UNTIL DIRECTED IN WRITING TO DO SO.

Vanessa Bernal
Project Manager
California Waters
o 949.528.0900 x 130 | C 714.421.6010
[email protected]
2311 E. La Palma Ave. | Yorba Linda, CA 92887
we bring water to life | californiawaters.com

TO: Aaron Bergeson DATE: 11/21/2025
COMPANY: City of Palm Springs CAW COR #: 005
EMAIL: [email protected] CAW PROJECT #: 24067 PHONE #: (760) 567-9520 PROJECT NAME: Palm Springs Downtown Park Splash Pad
Docusign Envelope ID: B967A040-01E7-48C7-8051-0FAE379713C5

M – Page 626 of 1320

CHANGE ORDER WORKSHEET
COMPANY: DATE: 11/20/2025
City of Palm Springs COR #: 5.000
PROJECT #:

PROJECT NAME:

SUBCONTRACTOR
Subcontractor Net Price Total
KSI Labor $ 2,003.00 2,003.00 $
$ - - $
$ - - $

SUBCONTRACTOR SUMMARY
SUBCONTRACTOR SUB-TOTAL $ 2,003.00

MATERIAL
Material Description Qty Net Price Total
WP-274-03036 Seal Kit, WFR, 2L, 6-8" 1 614.83 $ 614.83 $ WP-274-03039 PM Kit, UV, WF-215-6, 1Y 1 2,080.15 $ 2,080.15 $ Anode, 1/2" X 3" X 5/8" For ETS UV Models SP13-4
Through SP50-8, ECF215-6 Through ECF225-10 And
ECF425-10
1 48.40 $ 48.40 $
WP-274-03018 Quartz Window QWI 20 x 15 x 5 (Top Hat -
Validated) 1 288.33 $ 288.33 $
Molded Q49 Twistlok Connector & Cab Mpb 50' (1 Per Lamp) 2 592.20 $ 1,184.40 $ Kit, Cable (Sensor/Motor) 50' 1 816.50 $ 816.50 $
Uv Monitor - Onorm 300W Probe 1 1,268.67 $ 1,268.67 $
6" Ez Clean Inline Strainer 1 1,989.77 $ 1,989.77 $
Quartz Sleeve (Qsl-49 X 385) Wf 2 213.48 $ 426.96 $
UV Lamp For WF-215-6 2 782.77 $ 1,565.54 $
Freight 1 122.60 $ 122.60 $
$ - - $

MATERIAL SUMMARY
MATERIAL SUB-TOTAL $ 10,406.15
SALES TAX Tax 10.50% $ 1,092.65

EQUIPMENT RENTAL
Equipment Rental Description Qty Days Rate Misc. / Fuel Total $ - - $ - $
$ - - $ - $
$ - - $ - $
$ - - $ - $
$ - - $ - $

EQUIPMENT RENTAL SUMMARY
EQUIPMENT RENTAL SUB-TOTAL $ -
LABOR
Labor Classification Qty Labor Hours Labor Rate Other Total Labor Price Laborer $ - 88.98 $ - $
Irrigation Pipe Fitter 82.54 $ - $ - $
Operator $ - 112.34 $ - $
Inside Wireman 1 10 102.68 $ - $ 1,026.80 $
Industrial Plumber 104.06 $ - $ - $

LABOR SUMMARY
LABOR SUB-TOTAL $ 1,026.80

PCO PRICING SUMMARY
SUBCONTRACTOR TOTAL $ 2,003.00
MATERIAL TOTAL $ 11,498.80
EQUIPMENT RENTAL TOTAL $ -
LABOR TOTAL $ 1,026.80
SUB-TOTAL(1) $ 14,528.60
OVERHEAD & PROFIT 15.00% 2 $ ,179.29
CHANGE ORDER GRAND TOTAL $ 16,708
NOTES:
25044
Palm Springs Downtown Park Spray
Ground
Notes
Scope of Services Performed
UV Maintenance
California Waters | 23311 E. La Palma Avenue, Yorba Linda, CA 92887 | Office: (949) 528-0900 | Fax: (949) 528-0910 | www.californiawaters.com Docusign Envelope ID: B967A040-01E7-48C7-8051-0FAE379713C5

M – Page 627 of 1320
Proposed To
California Waters, LLC
Vanessa Bernal
23311 E. La Palma Avenue
Yorba Linda, CA 92887

ESTIMATE
Ship To
Palm Springs Downtown Park
Vanessa Bernal
230 N Museum Dr
Palm Springs, CA 92262
11/13/25
Palm Springs Downtown Park: UV Rebuild & Repairs
Date
Order # 331922
California Waters, LLC
Billing Terms Net 30
Courier Service
KSI Delivery
Phone: (951) 348-1856 Fax:

Consultant KSI House Account
WQA Jennifer Rojo
Order Description
Cycle power off and isolate the chamber. Remove lamps, quartz sleeves, clamp rings & o-rings. Install new quartz sleeves, o-rings, and clamp rings.

Replace the quartz uv window & upper/lower seals. Remove the wiper motor and wiper assembly. Replace the wiper bushings, quad rings, backing ring, lead screw nut & window wiper flap. During technician inspection, it was discovered that the following parts are to be replaced as well. Cable connectors, sensor cable, sensor probe & strainer.

Reassemble the unit, apply water and power, perform start-up, and verify proper operation.

Order Items
Line Item Code Description Quantity Unit Price Item Total WP-274-03036 Seal Kit, WFR, 2L, 6-8" 1 614.83 614.83
WP-274-03039 PM Kit, UV, WF-215-6, 1Y 1 2,080.15 2,080.15 Anode, 1/2" X 3" X 5/8" For ETS UV Models SP13-4 1
Through SP50-8, ECF215-6 Through ECF225-10 And
ECF425-10
WP-274-00800 48.40 48.40
WP-274-03018 Quartz Window QWI 20 x 15 x 5 (Top Hat - Validated) 1 288.33 288.33 Molded Q49 Twistlok Connector & Cab Mpb 50' (1 Per 2
Lamp)
WP-274-00119 592.20 1,184.40
WP-274-00120 Kit, Cable (Sensor/Motor) 50' 1 816.50 816.50 WP-274-00590 Uv Monitor - Onorm 300W Probe 1 1,268.67 1,268.67 WP-274-00190 6" Ez Clean Inline Strainer 1 1,989.77 1,989.77 WP-274-03012 Quartz Sleeve (Qsl-49 X 385) Wf 2 213.48 426.96 WP-274-00900 UV Lamp For WF-215-6 2 782.77 1,565.54
KI KSI PW Labor 1 2,003.00 2,003.00

Page 1 of 2 ends

Docusign Envelope ID: B967A040-01E7-48C7-8051-0FAE379713C5

M – Page 628 of 1320
Proposed To
California Waters, LLC
Vanessa Bernal
23311 E. La Palma Avenue
Yorba Linda, CA 92887

Consultant KSI House Account
WQA Jennifer Rojo
Signature Date
WF-215-6 - S/N# APT-3607-A
Additional Information
Please click link below to digitally accept this prospoal We are pleased to submit the above package for your consideration.

Terms & Conditions:

1. Orders paid by credit card will incur a 3.5% processing fee

2. Payment terms are subject to the credit agreement you have on file with KSI.

3. A deposit may be required to process your order

4. 18% APR is charged on all past due invoices

5. Pricing is valid for 30 days from date of this Estimate, after which is subject to change.

6. If applicable, returns must be pre-approved, shipped prepaid and accompany written RMA.

7. Minimum 20% restocking fee applies to all returns, % is based on actual manufacturer restock fee.

7. Freight cost is an estimate only and actual freight may be different at time of shipping.

8. Order is subject to applicable sales tax to ship point Proposal Acceptance http://remote.ceswaterquality.com/fmi/webd/ces-digisign?script=SigLink&param=digisign&$id=T1JEMzMxOTIy http://remote.ceswaterquality.com/fmi/webd/ces-digisign?script=SigLink&param=digisign&$id=T1JEMzMxOTIy Subtotal 12,286.55
Adjustment 0.00
Total 12,286.55
Shipping 122.60
Tax 951.20
Grand Total 13,360.35
Payments 0.00

Page 2 of 2 ends

Docusign Envelope ID: B967A040-01E7-48C7-8051-0FAE379713C5

M – Page 629 of 1320

Page 1 of 1 ends

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
Contract No. 25B168 Palm Springs Downtown Park Splash

Contract Change Order Number: 6
Purchase Order Number: 26000477
Date: December 08, 2025
Contractor: California Water Development Inc. dba California Waters

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order No. 6 is in accordance with Section 2.4.3 “Change Orders”. City is issuing this Contract Change Order (CCO) due to project delays due to jet pump manufacturer lead time.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
1 Add 21 days out due to lead time on jet
pump
LS $0.00

REASON FOR CHANGES:

This is a change order to add 21 working days due to the lead time on the jet pump.

CHANGES TO CONTRACT TIME:

Contract time will be increased by this change order 21 working days.

Source of Funds:

Sufficient funds budgeted and available in Downtown Park Project, Account No. 2603080-80000, E-15-07 -

MEAS J -MEAS J -CON
Summary of Costs:

Original Contract Amount: $529,837.75 Original Contract Time: 90 working days Previous Change Order Amount:

This Change Order:
$16,708.00 Previous Days Added: 28
This Change Order Amount: $0.00 Days Added: 21
Revised Contract Amount: $546,545.75 Revised Contract Time: 139 working days
I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Contractor
Signature – Mark Pitman Date
City of Palm Springs
Recommended By:

David McAbee, Director of Public Works Date
Approved By:

Scott Styles, City Manager Date
Attest By:

Brenda Pree, City Clerk Date
Attachments: (A) Change Order Proposal
Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Public Works Pay File (1)
City Clerk (1) Project File (1)
Purchasing (1)
Finance (1)
Docusign Envelope ID: EB96B477-4C12-4443-86DA-3097D1806BFA 12/9/2025
12/9/2025
12/9/2025
12/9/2025

M – Page 630 of 1320
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960

CHANGE ORDER REQUEST (COR)
DESCRIPTION OF WORK:

Project Delays due to jet pump manufacturer lead time.

THIS CHANGE ORDER TOTAL: $0,000.00
TIME EXTENSION: CONTRACT TIME WILL BE INCREASED BY THIS CHANGE ORDER 21 WORKING DAY(S).

WE WILL NOT PROCEED WITH THE ABOVE CHANGE ORDER REQUEST UNTIL DIRECTED IN WRITING TO DO SO.

Vanessa Bernal
Project Manager
California Waters
o 949.528.0900 x 130 | C 714.421.6010
[email protected]
2311 E. La Palma Ave. | Yorba Linda, CA 92887
we bring water to life | californiawaters.com

TO: Aaron Bergeson DATE: 12/5/2025
COMPANY: City of Palm Springs CAW COR #: 006
EMAIL: [email protected] CAW PROJECT #: 24067 PHONE #: (760) 567-9520 PROJECT NAME: Palm Springs Downtown Park Splash Pad
Docusign Envelope ID: EB96B477-4C12-4443-86DA-3097D1806BFA

M – Page 631 of 1320
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA LIC#958960 DATE:

TO:

ADDRESS:

PROJECT NAME:

PROJECT NUMBER:

A delay has occurred due to circumstances beyond our control on the following dates:

For a total of working days.

This delay has been caused by:

Lack of requested information
Incomplete drawings & specifications
Weather
Extra Work
Governmental actions
Other:

NOTICE OF DELAY
11/06/2025 Aaron Bergeson Palm Springs Downtown Park SP 25044 Delay waiting for pump to arrive 10/01/25 thru 10/31/25. Vendor delay from the last day any contract work was done onsite. PO Placed 7/21/25 with vendor, shipped 10/24 and arrived 10/31/25. 21 Vendor procurement of new jet pump Docusign Envelope ID: EB96B477-4C12-4443-86DA-3097D1806BFA

M – Page 632 of 1320

Page 1 of 1 ends

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
Contract No. 25B168 Palm Springs Downtown Splashpad

Contract Change Order Number: 7
Purchase Order Number: 26000477
Date: December 11, 2025
Contractor: California Water Development Inc. dba California Waters

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order No. 7 is in accordance with Section 2.4.3 “Change Orders”. City is issuing this Contract Change Order (CCO) to remove and replace existing flow meter that corroded. Provide all County required signs and install them on the splashpad deck for County Health inspections.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
1 Remove and replace corroded flow
meter; provide and install county
required signs on the Splashpad deck.

LS $1,981.00

REASON FOR CHANGES:

This is a change order in the amount of $1,981.00 includes removal and replacement of flow meter, and provide signs for the County Health inspections to be installed on the splashpad deck CHANGES TO CONTRACT TIME:

Contract time will be increased by this change order 4 day(s) Source of Funds:

Sufficient funds budgeted and available in Downtown Park Project, Account No. 2603080-80000, E-15-07 -

MEAS J -MEAS J -CON
Summary of Costs:

Original Contract Amount: $520,514.75 Original Contract Time: 90 working days Previous Change Order Amount:

This Change Order:
$26,031.00 Previous Days Added: 49
This Change Order Amount: $1,981.00 Days Added: 4
Revised Contract Amount: $548,526.75 Revised Contract Time: 143 working days I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Contractor
Signature – Mark Pitman Date
City of Palm Springs
Recommended By:

David McAbee, Director of Public Works Date
Approved By:

Scott Stiles, City Manager Date
Attest By:

Brenda Pree, City Clerk Date
Attachments: (A) Change Order Proposal
Distribution:

Original Conformed Copy: Conformed - File Copy:

Docusign Envelope ID: 7EC13524-E6AD-4D79-93C3-53B5DA885AB6 12/30/2025
12/30/2025
12/30/2025
12/30/2025

M – Page 633 of 1320

Page 2 of 1 ends

Contractor (1) Public Works Pay File (1)
City Clerk (1) Project File (1)
Purchasing (1)
Finance (1)
Docusign Envelope ID: 7EC13524-E6AD-4D79-93C3-53B5DA885AB6

M – Page 634 of 1320
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960

CHANGE ORDER REQUEST (COR)
TO: Aaron Bergeson DATE: 12/10/2025
COMPANY: City of Palm Springs CAW COR #: 007
EMAIL: [email protected] CAW PROJECT #: 24067 PHONE #: (760) 567-9520 PROJECT NAME: Palm Springs Downtown Park Splash Pad
DESCRIPTION OF WORK:

Remove and replace existing flow meter that has corroded. Provide all County required safety signs and install them on the splashpad deck for County Health Inspections.

THIS CHANGE ORDER TOTAL: $1,981.00
TIME EXTENSION: CONTRACT TIME WILL BE INCREASED 4 WORKING DAYS CAUSED BY THIS CHANGE.

MATERIAL LEAD TIME 3 WORKING DAY(S) PLUS 1 WORKING DAY(S) LABOR.

WE WILL NOT PROCEED WITH THE ABOVE CHANGE ORDER REQUEST UNTIL DIRECTED IN WRITING TO DO SO.

Vanessa Bernal
Project Manager
California Waters
o 949.528.0900 x 130 | C 714.421.6010
[email protected]
2311 E. La Palma Ave. | Yorba Linda, CA 92887
we bring water to life | californiawaters.com

Docusign Envelope ID: 7EC13524-E6AD-4D79-93C3-53B5DA885AB6

M – Page 635 of 1320

CHANGE ORDER WORKSHEET
COMPANY: DATE: 12/8/2025
City of Palm Springs COR #: 007
PROJECT #:

PROJECT NAME:

SUBCONTRACTOR
Subcontractor Net Price Total
$ - $ -
$ - $ -
$ - $ -

SUBCONTRACTOR SUMMARY
SUBCONTRACTOR SUB-TOTAL $ -

MATERIAL
Material Description Qty Net Price Total
Signet Flow Sensor P51530-P1 Paddlewheel 1 $ 398.75 $ 398.75 Signet Flow Totalizer 3-8150-1 Battery Power 1 $ 627.50 $ 627.50 Universal Adapter Mount Kit 3-8050 1 $ 64.38 $ 64.38
$ - $ -
County Health Required Signage Packet 1 $ 146.29 $ 146.29 $ - $ -
$ - $ -
$ - $ -

MATERIAL SUMMARY
MATERIAL SUB-TOTAL $ 1,236.92
SALES TAX Tax 10.50% $ 129.88

EQUIPMENT RENTAL
Equipment Rental Description Qty Days Rate Misc. / Fuel Total $ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -

EQUIPMENT RENTAL SUMMARY
EQUIPMENT RENTAL SUB-TOTAL $ -
LABOR
Labor Classification Qty Labor Hours Labor Rate Other Total Labor Price Laborer 1 4 $ 88.98 $ - $ 355.92
Irrigation Pipe Fitter $ 82.54 $ - $ -
Operator $ 112.34 $ - $ -
Inside Wireman $ 102.68 $ - $ -
Industrial Plumber $ 104.06 $ - $ -
$ - $ - $ -

LABOR SUMMARY
LABOR SUB-TOTAL $ 355.92

PCO PRICING SUMMARY
SUBCONTRACTOR TOTAL $ -
MATERIAL TOTAL $ 1,366.80
EQUIPMENT RENTAL TOTAL $ -
LABOR TOTAL $ 355.92
SUB-TOTAL(1) $ 1,722.72
OVERHEAD & PROFIT 15.00% $ 258.41
CHANGE ORDER GRAND TOTAL $ 1,981
NOTES:
25044
Separate person to go onsite the day the UV is being modified. Labor onsite to assist in mounting material and meter. Not a full day of work for this personal.

Palm Springs Downtown Park Spray
Ground
Notes
Scope of Services Performed
California Waters | 23311 E. La Palma Avenue, Yorba Linda, CA 92887 | Office: (949) 528-0900 | Fax: (949) 528-0910 | www.californiawaters.com Docusign Envelope ID: 7EC13524-E6AD-4D79-93C3-53B5DA885AB6

M – Page 636 of 1320
Docusign Envelope ID: 7EC13524-E6AD-4D79-93C3-53B5DA885AB6

M – Page 637 of 1320
Tag / Job Name
Palm Springs Downtown Park
Item Summary
Item Description Quantity Price
Custom Brown Sign
Full Product Details
Size: 24 × 36″
Material: .080″ White Rust-Free Aluminum
Laminate: None
Mounting: Four ¼″ holes (one in each corner)
Packaging: Sold Individually. Ships in its own package.

Printing: Design will be printed as shown after minor
touch-ups.

Backgrounds
Brown 732C Background
Sign Layout
Upload Full Design
Instructions
FONT: HIGHWAY CONDENSED
MATERIAL: 0.055" POLYETHYLENE PLASTIC
TEXT SIZE: 911 = 4" TALL, REST OF TEXT = 1" TALL UPPERCASE HOLES: 4 AT 1/4" EACH CORNER
RADIUS: 1/2"
COLOR: BROWN 732C BACKGROUND. WHITE FONT. WHITE
BORDER.

SMALLEST SIZE SIGN AS POSSIBLE.

Qty: 1 $99.05
Custom Brown Sign
Full Product Details
Size: 18 × 12″
Material: .055″ Polyethylene Plastic
Laminate: None
Mounting: Four ¼″ holes (one in each corner)
ing: Sold Individually
Qty: 1 $21.89
SafetySign.com / Order Invoice


Phone: 800‑274‑5271 toll-free ·973‑405‑2672
Fax: 800‑279‑6897 toll-free ·973‑340‑7809
Address: 64 Outwater Lane, Garfield, NJ 07026
Email: [email protected] ·[email protected]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subtotal $120.94
Shipping $25.35
Sales Tax $9.37
Order Total $155.66
Docusign Envelope ID: 7EC13524-E6AD-4D79-93C3-53B5DA885AB6

M – Page 638 of 1320
GF Piping Systems – Industrial Piping Systems (08/2025) Datasheet
Type 8150 Battery Powered Flow Totalizer
Member of the ProcessPro® Family of Instruments
Panel Mount Pipe, Wall and Tank Mount Integral Mount
Product description
The type 8150 Battery Operated Flow Totalizer is compatible with the type 515 and 525 flow sensors, and will provide years of dependable operation. The large digital display indicates flow rate and totalized flow volume simultaneously. One of the three totalizers is resettable from the front panel or a remote location, while the second resettable totalizer can only be reset by entering a user-selectable security code. The third is a permanent non-resettable totalizer.

Our intuitive software design and four-button keypad provide for simple operation while setting screen displays and programming the system. Calibration can be easily performed by entering the AutoCal feature and entering a value to match an external reference. Screen displays can be modified to suit the user’s needs; along with the flow rate, any of the three totalizers can be selected as the displayed totalizer. Customers can quickly scroll through the totalizers simply by pressing any key on the keypad. A display averaging feature is included for applications where the flow in the pipe fluctuates. For applications where flow stops and starts due to production needs, a no-flow indicator will display the hours of non-flow.

Features
• Three totalizers: 2 resettable and 1 permanent, user-selectable • Long-lasting lithium batteries
• Mounting versatility
• No-flow indicator
• Large digital display with averaging
• Simple push-button operation
• User-selectable access code prevents unwanted changes • Auto-calibration
Applications
• Wastewater Flow Accumulation
• Water Treatment Systems
• Remote or Mobile Treatment/ Distribution Systems
• Irrigation Systems
• Filtration Systems
• Commercial Pools & Spas
• Groundwater Remediation
• R.O. Concentrate
• Process Flow Monitoring
• UPW Distribution
• Demineralizer Regeneration
• Process Cooling Water
FM

APPROVED

MEASURING EQUIPMENT
E171559
Docusign Envelope ID: 7EC13524-E6AD-4D79-93C3-53B5DA885AB6

M – Page 639 of 1320
GF Piping Systems – Industrial Piping Systems (08/2025) Datasheet
Technical Details
General
Compatibility Type 515 and 525 flow sensors
Input Freq. Range 0 to 400 Hz
Accuracy ±0.5% of reading
Display LCD type
4-digit upper line – flow rate
8-digit lower line – volume totalizer count, either resettable or permanend
Averaging 0 to 120 secs.

Contrast Automatic
Low Battery Indication Battery symbol appears on LCD display 8-digit Resettable Totalizers Stored until user resets; continues to be stored even after batteries are removed
8-digit Permanent Kept permanently, even when batteries are removed Materials
Enclosure PBT resin
Keypad Sealed 4-key silicon rubber
Panel and Case Gasket Neoprene
Window Polyurethane coated polycarbonate
Electrical
Battery Two 3.6 V Lithium thionyl chloride, AA-size
Battery Life 4 years nominal @ 50 °C (122 °F)
Environmental
Operating Temperature -10 °C to 65 °C 14 °F to 149 °F
-40 °C to 100 °C -40 °F to 212 °F
Relative Humidity 0 to 95%, non-condensing
Enclosure NEMA 4X/IP65 (front face only on panel mount); field mount is 100% NEMA 4X/IP65
Shipping Weight

0.5 kg 1.1 lb
Standard and Approvals

CE, UKCA, FCC, UL, CUL
RoHS compliant, China RoHS
Manufactured under ISO 9001, ISO 14001 and ISO 45001
Docusign Envelope ID: 7EC13524-E6AD-4D79-93C3-53B5DA885AB6

M – Page 640 of 1320

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CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
Contract No. 25B186 Palm Springs Downtown Splashpad

Contract Change Order Number: 8
Purchase Order Number: 26000477
Date: December 11, 2025
Contractor: California Water Development Inc. dba California Waters

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order No. 8 is in accordance with Section 2.4.3 “Change Orders”. City is issuing this Contract Change Order (CCO) to remove and install new PLC, along with adding training to use the new PLC and reprogramming the existing Pharos show-control communication after the installation.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
1 Removal and Install of new PLC,
training for the new PLC, and
reprogramming Pharos show-control
communication after the install
LS $14,580.00

REASON FOR CHANGES:

This is a change order in the amount of $14,580.00 and includes the removal and install of the new PLC, training on using the new equipment and reprogramming the Pharos show-control communications after the install.

CHANGES TO CONTRACT TIME:

Contract time will be increased by this change order 43 day(s) Source of Funds:

Sufficient funds budgeted and available in Downtown Park Project, Account No. 2603080-80000, E-15-07 -

MEAS J -MEAS J -CON
Summary of Costs:

Original Contract Amount: $520,514.75 Original Contract Time: 90 working days Previous Change Order Amount:

This Change Order:
$28,012.00 Previous Days Added: 53
This Change Order Amount: $14,580.00 Days Added: 43
Revised Contract Amount: $563,106.75 Revised Contract Time: 186 working days I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Contractor
Signature – Mark Pitman Date
City of Palm Springs
Recommended By:

David McAbee, Director of Public Works Date
Approved By:

Scott Stiles, City Manager Date
Attest By:

Brenda Pree, City Clerk Date
Attachments: (A) Change Order Proposal
Docusign Envelope ID: DF010A9E-EC90-4CE7-84F9-2737F89A01A7 12/30/2025
12/30/2025
12/30/2025
12/30/2025

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Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Public Works Pay File (1)
City Clerk (1) Project File (1)
Purchasing (1)
Finance (1)
Docusign Envelope ID: DF010A9E-EC90-4CE7-84F9-2737F89A01A7

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23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960

CHANGE ORDER REQUEST (COR)
DESCRIPTION OF WORK:

The work includes removing the existing PLC, touch screen, and associated wiring, and furnishing and installing a new PLC and touch screen. All existing control components will be rewired and reconnected to integrate with the new system. The scope also includes on-site PLC and touch screen programming performed by two technicians over two site visits, full system testing, and training for City personnel on operation of the new PLC system. In addition, the existing Pharos show-control communication will be reprogrammed, as it will be disabled by the replacement of the existing PLC.

The work above does not include the following items:

Fixing LED lights, repairing lighting issues, or doing any DMX addressing or DMX setup. Reprogramming or redesigning the Pharos light show . Any electrical work outside of the PLC panel, including new wiring, conduit, breakers, or bringing old wiring up to code. Any IT or network work, including SCADA, BACnet, server access, or City network changes. Any additional training sessions or extra site visits beyond the two trips included.

THIS CHANGE ORDER TOTAL: $14,580.00
TIME EXTENSION: CONTRACT TIME WILL BE INCREASED 43 WORKING DAYS CAUSED BY THIS CHANGE.

MATERIAL LEAD TIME 40 WORKING DAY(S) PLUS 3 WORKING DAY(S) LABOR.

WE WILL NOT PROCEED WITH THE ABOVE CHANGE ORDER REQUEST UNTIL DIRECTED IN WRITING TO DO SO.

Vanessa Bernal
Project Manager
California Waters
o 949.528.0900 x 130 | C 714.421.6010
[email protected]
2311 E. La Palma Ave. | Yorba Linda, CA 92887
we bring water to life | californiawaters.com

TO: Aaron Bergeson DATE: 12/10/2025
COMPANY: City of Palm Springs CAW COR #: 008
EMAIL: [email protected] CAW PROJECT #: 24067 PHONE #: (760) 567-9520 PROJECT NAME: Palm Springs Downtown Park Splash Pad
Docusign Envelope ID: DF010A9E-EC90-4CE7-84F9-2737F89A01A7

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CHANGE ORDER WORKSHEET
COMPANY: DATE: 12/10/2025
City of Palm Springs COR #: 008
PROJECT #:

PROJECT NAME:

SUBCONTRACTOR
Subcontractor Net Price Total
RSD Total Control (Professional Consultant) $ 10,500.00 $ 10,500.00 Aquatic Creations $ 2,300.00 $ 2,300.00
$ - $ -

SUBCONTRACTOR SUMMARY
SUBCONTRACTOR SUB-TOTAL $ 12,800.00

MATERIAL
Material Description Qty Net Price Total
$ - $ -
$ - $ -
$ - $ -
$ - $ -

MATERIAL SUMMARY
MATERIAL SUB-TOTAL $ -
SALES TAX Tax 10.50% $ -

EQUIPMENT RENTAL
Equipment Rental Description Qty Days Rate Misc. / Fuel Total $ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -

EQUIPMENT RENTAL SUMMARY
EQUIPMENT RENTAL SUB-TOTAL $ -
LABOR
Labor Classification Qty Labor Hours Labor Rate Other Total Labor Price Laborer 2 10 $ 88.98 $ - $ 1,779.60
Irrigation Pipe Fitter $ 82.54 $ - $ -
Operator $ 112.34 $ - $ -
Inside Wireman $ 102.68 $ - $ -
Industrial Plumber $ 104.06 $ - $ -
$ - $ - $ -

LABOR SUMMARY
LABOR SUB-TOTAL $ 1,779.60

PCO PRICING SUMMARY
SUBCONTRACTOR TOTAL $ 12,800.00
MATERIAL TOTAL $ -
EQUIPMENT RENTAL TOTAL $ -
LABOR TOTAL $ 1,779.60
SUB-TOTAL(1) $ 14,579.60
OVERHEAD & PROFIT 0.00% $ -
CHANGE ORDER GRAND TOTAL $ 14,579.60
NOTES:
25044
Palm Springs Downtown Park Spray
Ground
Notes
Scope of Services Performed
PLC / PLC Programming
Pharos to PLC
California Waters | 23311 E. La Palma Avenue, Yorba Linda, CA 92887 | Office: (949) 528-0900 | Fax: (949) 528-0910 | www.californiawaters.com Docusign Envelope ID: DF010A9E-EC90-4CE7-84F9-2737F89A01A7

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26021 Atlantic Ocean Drive, Lake Forest, CA 92630 -Office 949 380-7878 Fax 949 380-0755 To: California Waters
Attn: Vanessa From: Allan Pearson
Date: 12-8-25
Ref: Palm Springs Downtown Quote # 8042-3173
Jobsite Panel modifications $ 10,500.oo
Remove existing PLC, Touch screen and wiring
Install new PLC & Touch screen
Rewire existing control components to integrate with new PLC / TS On site PLC & TS programming ( 2 persons / 2 trips ) *
Test system
Training on new system for city personnel
*Existing show control communication will be disabled by changing out the existing PLC. This price does not include show programming which will be required.

Delivery: Est. 6-8 weeks
Notes:

Tax not included in price
Order subject to RSD-Total Control standard terms & conditions Quote valid for 90 days
Docusign Envelope ID: DF010A9E-EC90-4CE7-84F9-2737F89A01A7

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28039 Scott Rd, D200, Murrieta, CA 92563 QUOTE: PS-02
(951) 698-9008 | [email protected]

Date: 12.10.25
To:

Vanessa Bernal Expiration Date: 01.10.26
California Waters
23311 East la Palma Ave.

Yorba Linda, CA 92887

Salesperson Job Payment terms
Dan Maitland Palm Springs Downtown Park
Added programming change
50% down 50% upon
completion
Qty Description Unit price Line total
2 days
Pharos Firmware LED Light and Jet show assistance in PLC integration and adding lighting programs
$2,100 $2,100

Travel EXP, Per-diem $200 $200

Not Included: System troubleshooting other than the
Pharos controller and PLC integration, LED lights repairs or troubleshooting, DMX addressing light fixtures, PLC
programing, any electrical work or repairs.

Subtotal $2,300
Sales Tax N/A
Total $2,300
To accept this quotation, sign here and return: ____________________________________________ Thank you for your business01
Docusign Envelope ID: DF010A9E-EC90-4CE7-84F9-2737F89A01A7

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CITY COUNCIL STAFF REPORT
DATE: MAY 12, 2026 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT NO. 23B079 WITH WEST AVIATION SERVICES – SAN

DIEGO DBA SIERRA AVIATION GROUP FOR BAGGAGE RELOCATION

AND WAYFINDING ASSISTANCE SERVICES FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

This action will approve Amendment No. 2 to Contract Services Agreement No. 23B079 (Agreement) with West Aviation Services – San Diego dba Sierra Aviation Group (Sierra).

This amendment adds a supervisor position, establishes overtime and holiday rates, defines regular working hours and a holiday schedule, extends the term, and accounts for the annual Consumer Price Index (CPI) adjustment. The amendment increases compensation in the amount of $1,498,422.50, for a revised not to exceed amount of $3,608,422.50, for baggage relocation and wayfinding services at the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Amendment No. 2 to Contract Services Agreement No. 23B079 with West Aviation Services - San Diego dba Sierra Aviation Group to add a supervisor position, establish overtime and holiday rates, define regular working hours and a holiday schedule, extend the term, and account for the annual Consumer Price Index (CPI) adjustment to increase compensation in the amount of $1,498,422.50, for a revised not to exceed amount of $3,608,422.50, for baggage relocation and wayfinding services at the Palm Springs International Airport.

2. Authorize the City Manager or designee to execute all necessary documents subject to such changes/revisions agreeable to the City Manager and City Attorney.

BUSINESS PRINCIPAL DISCLOSURE:

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City Council Staff Report
May 12, 2026 -- Page 2
Baggage Relocation and Wayfinding Assistance Services for Palm Springs International Airport According to the Public Integrity Disclosure form (Attachment B) submitted on March 12, 2026, West Aviation Services - San Diego dba Sierra Aviation Group is registered in California.

BACKGROUND:

On May 11, 2023, City Council approved Contract Services Agreement No. 23B079 with West Aviation Services - San Diego dba Sierra Aviation Group (Attachment C) to provide baggage relocation and wayfinding services for a three-year term, with two one-year extension options, commencing on June 1, 2023, and ending on May 31, 2026, for a total contract amount not to exceed $2,000,000.

On March 30, 2026, the City Manager approved Amendment No. 1 to Contract Services Agreement No. 23B079 (Attachment D) to increase compensation by $110,000, for a revised not to exceed amount of $2,110,000 for continued baggage relocation and wayfinding services.

Sierra provides baggage relocation and wayfinding services to support Airport and airline operations within the terminal and baggage handling areas. These services help maintain efficient passenger flow and baggage movement during periods of high passenger activity, operational constraints, and facility limitations.

The Airport’s baggage handling system experiences capacity limitations during peak and in-season travel periods, which can impact the timely delivery of checked baggage to aircraft. The system is an aging, high-demand system that was originally designed for lower passenger volumes and now operates near or at capacity during peak travel periods. As a result, it relies more heavily on manual coordination and staff intervention to keep baggage moving efficiently through screening, sorting, and delivery processes.

When passenger activity increases or operational disruptions occur, the system can experience congestion and slower processing times, which may affect the timely delivery of checked baggage to aircraft and overall operational efficiency.

Passenger movement between the Sonny Bono Concourse and the terminal claim level is periodically affected by escalator outages and routine maintenance. These impacts are anticipated to increase during the upcoming escalator removal and replacement project, which will affect a significant portion of passenger circulation within the terminal.

STAFF ANALYSIS:

Sierra has been instrumental in supporting Airport operations by providing baggage relocation and wayfinding services, which align with the Airport’s mission of “Moving You with Unforgettable Hospitality.” These services support safe and efficient passenger movement throughout the terminal while ensuring compliance with ADA requirements.

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City Council Staff Report
May 12, 2026 -- Page 3
Baggage Relocation and Wayfinding Assistance Services for Palm Springs International Airport The continued use of contracted services through Sierra ensures these functions are consistently performed without reducing the Airport’s internal operational capacity.

The current Agreement does not include a supervisory position. The addition of a dedicated Sierra supervisor will improve on-site oversight, coordination, and accountability of contractor personnel Increased wayfinding support will be required in advance of the escalator replacement project scheduled to begin in mid-2026 to assist passengers in navigating alternative routes, aiding with the transportation of luggage up the stairs, and maintaining effective customer experience.

The Agreement currently provides services at an hourly rate of $28.00 with no overtime or holiday rates. The proposed amendment increases the regular rate to $28.90 which reflects a 3.2% CPI adjustment and adds a supervisory rate of $33.00, with established overtime rates of $43.35 for non-supervisory staff and $49.50 for supervisors. Holiday rates will match overtime rates and will apply in accordance with the federal holiday schedule from 12:00 a.m. to 11:59 p.m. These adjustments are necessary to ensure adequate staffing coverage during irregular operations, including call-offs, staffing shortages, flight delays, and fluctuations in passenger demand.

The amendment also clarifies that regular rates apply for up to eight hours per day, with hours beyond that threshold billed at the applicable overtime rate for Sierra personnel.

Additionally, the scope of services is updated from “wayfinding/baggage claim assistance” to “wayfinding services,” allowing Airport staff to expand coverage across all terminal areas rather than limiting Sierra personnel to a single centralized location.

While exact service hours vary due to airline schedule, operational conditions, staffing levels and costs that were developed based on historical data to ensure appropriate coverage. The proposed compensation increase of $1,498,422.50 reflects the CPI adjustment and the inclusion of supervisory, overtime, and holiday cost components not included in the original Agreement.

This increase also includes approximately $300,000 for unanticipated escalator-related disruptions. Since 2023, escalator repair events have increased from 17 to 24 in 2024 and 33 in 2025, resulting in increased demand for passenger assistance and wayfinding services beyond original contract assumptions. Additional costs are also anticipated in preparation for the escalator replacement project, which will further require expanded passenger support throughout the terminal.

Continued use of a contracted service model is recommended as the most operationally effective and cost-efficient approach. This model ensures consistent coverage of critical passenger support functions without diverting Airport staff from core safety, security, and operational responsibilities. Sierra personnel assigned to passenger flow management support safe circulation, reduce congestion during peak periods, and assist in maintaining controlled terminal operations in accordance with Airport security protocols.

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City Council Staff Report
May 12, 2026 -- Page 4
Baggage Relocation and Wayfinding Assistance Services for Palm Springs International Airport While the proposed amendments increase contract costs, they provide improved oversight, greater staffing reliability, and enhanced coordination during irregular operations. Reducing or eliminating these services would negatively impact operational flexibility, passenger experience, and the Airport’s ability to maintain service levels during peak demand and equipment outages. The recommended approach balances operational necessity, passenger service standards, and safety requirements while ensuring continuity of essential Airport functions.

Staff recommend approval of Amendment No. 2 to Agreement No. 23B079 with West Aviation Services - San Diego dba Sierra Aviation Group to add a supervisor position, incorporate overtime and holiday rates, define regular working hours and include a holiday schedule, extend the term, and account for the annual CPI adjustment to increase compensation in the amount of $1,498,422.50, for a revised not to exceed amount of $3,608,422.50, for baggage relocation and wayfinding services at the Airport through May 31, 2027.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City of Palm Springs’ Strategic Plan Broad Goals of Infrastructure and Facilities, and it also supports the Airport’s 2025-2029 Strategic Plan’s Strategic Priorities for Operational Excellence and Infrastructure.

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Years 2025–26 and 2026–27 Airport Account 4157050-40105, Terminal Building Operations Contractual Services and Account 4157052-40105 Baggage Handling System Contractual Services for Operations and Maintenance (O&M) costs incurred prior to the service costs being transferred to the Escalator Removal and Replacement Project and the Baggage Handling System Construction Project.

Once services transition into the Escalator Removal and Replacement Project and the Baggage Handling System Construction Project services, expenditures will be funded by Airport Account 4167065-8000 Capital Improvement Projects which also has sufficient

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City Council Staff Report
May 12, 2026 -- Page 5
Baggage Relocation and Wayfinding Assistance Services for Palm Springs International Airport funds budgeted in Fiscal Years 2025–26 and 2026–27.

The total estimated fiscal impact across all phases and funding sources is $1,498,422.50.

The table below reflects the phased funding approach required to support both preconstruction O&M activities and capital project implementation.

Service
Provided
Estimated
Timelines Account Estimated Amount
Baggage
Relocation April – December 2026
4157052-40105
Baggage Handling System
Contractual Services
$615,076
Baggage
Relocation for
Baggage
Handling
System
Project
January 2027 – May
2027
4167065-80000
Capital Improvement
Projects
$475,466.50
Wayfinding April – July 2026 4157050-40105
Terminal Building Ops $335,960
Wayfinding
for Escalator
Removal and
Replacement
Project
August – September
2026
4167065-80000
Capital Improvement
Projects
$71,920
Total $1,498,422.50
REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

Procurement and Contracting Manager: Tabitha Richards
City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:

A. Contract Services Amendment No. 2 to Agreement No. 23B079 B. Public Integrity Disclosure
C. Contract Services Agreement No. 23B079
D. Contract Services Amendment No. 1 to Agreement No. 23B079

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ATTACHMENT A
AMENDMENT NO. 2 TO AGREEMENT NO. 24B079

WITH WEST AVIATION SERVICES - SAN DIEGO DBA

SIERRA AVIATION GROUP

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55575.18100\42913029.1

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Palm Springs City CouncilMay 12, 2026

Palm Springs City Council
May 12, 2026